Journal of the House of Representatives, State of Arizona, 1961, Twenty-Fifth Legislature, First Special Session, 1962, Twenty-Fifth Legislature, Second Regular Session

l st SP I L S SSI
26th L I L U E
JOURNAL
OF THE
HOUSE OF
REPRESENTATIVES
T\NENTY--FIFTH
LEGISLATURE
FIRST SPECIAL SESSION
OF THE
STATE OF ARIZONA
--1961--
SESSION CONVENED - JULY 17, 1961
SESSION ADJOURNED SINE DIE-8:27 P.M.
JULY 31, 1961
HOUSE JOURNAL
FIRST DAY
MONDAY, JULY 17, 1961
Pursuant to the Pro'Clamation of the Governor, under date of June
14, 1961, the House of Representatives of the Twenty-fifth Legislature,
First Special Session, convened this day.
The House assembled in its Chambers at 10: 00 A.M.
The Speaker, W. L. "Tay" Cook of Cochise County, called the House
to order.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burson, Carreon, Carson, Cook, Crane, Dalton, Dover, E:Uas, Eliot,
Elliott, EUis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray,
Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins,
Holmes, Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan,
King, Klauer, Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan,
Martin, Miller, Moody, George Peck, Ruth Peck, Porter, Pugh, Reese,
Rhodes, Riggs, Rosenbaum, Rowland, Ryan, Schellenberg, Scudder,
Shreeve, Smith, Stephens, Thode, Toscano, Traficanti, Van Dyke,
Varn, Vipperman, Walker, Webster, Wessler, Wilcox, Wood, Ybarra,
Speaker Cook-77.
E'XCUSED: Burgess, DeWitt, Stump-3.
Reverend Raymond C. Acheson, Chaplain o:f the House, offered prayer.
Speaker Cook announced that the American Legion Championship
Color Guard Unit from Glendale Post No. 29, would post the colors.
The Pledge of Allegiance to the Flag of the United States, was led by
Mrs. Hutcheson.
At 10: 14 A.M., the Sergeant at Arms announced a committee from
the Senate consisting of Senators Corbett, Spikes and Sullivan, who
informed the House that the Senate was organized and ready for
transaction of business. Speaker Cook thanked the Senate Organiza­tion
Committee.
The Proclamation of the Governor of Arizona, under date of June
14, 1961, calling the Twenty-fifth Legislature into Special Session
was read as follows:
PROCLAMATION
CALLING A SPECIAL SESSJ:ON OF THE
TWENTY-FIFTH LEGISLATURE OF THE
srrATE OF ARIZONA
WHEREAS, the Constitution of Arizona (Article IV, Part 2,
Section 3) authorizes the Governor to call a sp1ecial session
of the Legislature when the circumstances demand it, and
4
FIRST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION
provides that in such case he shall specify the subjects
to be considered; and
WHEREAS, the rapid and substantial growth of Arizona's
population has created a need for the revision of the laws
relating to the issuance and transfer of spirituous liquor
licenses; and
WHEREAS, the need for strengthening the narcotics control
laws of the State has likewise been amply demonstrated;
and
WHEREAS, both the urgency and the nature of these two
matters make it advisable that they be considered promptly
by the Legislature in a special session called solely for
that purip:ose,
NOW, THEREFORE, I, Paul J. Fannin, Governor of Arizona
by virtue of the authority vested in me by the Constitution,
and in pursuance of my duty, call the Twenty-fifth Arizona
Legislature to meet in SPECIAL SESSION at the Capitol
on Monday, the seventeenth day of July, 1961, at ten o'clock
a.m. and specify the following subjects to be considered
during such session:
1. Legislation regulating the issuance and trans­fer
of spirituous liquor licenses.
2. Legislation regulating the acquisition, use and
possession of narcotics.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Great Seal of the State of Arizona to be affixed
at the Capitol, in Phoenix, this fourteenth day of June, in
the year of Our Lord, One Thousand Nine Hundred and
Sixty-one.
(SEAL)
ATTEST: (s) WESLEY BOLIN,
(s) PAUL J. FANNIN,
Governor.
Secretary of State.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that a committee
of three be appointed to notify the Senate that the House is organ­ized
and ready for transaction of business, and to act with a like com­mittee
from the Senate to wait upon the Governor giving notification
that the Legislature is organized and ready to receive his message.
Carried, and Speaker Cook appointed Members McClellan, Rowland
and Haugh as the House Organization Committee.
At 10: 16 A.M., the House stood at recess, subject to the call of the
gavel.
At 10: 29 A.M., Speaker Cook ca11ed the House to order.
FIRST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 5
At 10: 29 A.M., the Sergeant at Arms announced the seating of Mr.
DeWitt.
At 10:30 A.M., the Sergeant at Arms announced the Senate of the State
of Arizona.
JOINT SESSION OF THE SENATE AND HOUSE OF
REPRESE\NT'ATIVES OF THE TWENTY-FIFTH
LEGISLATURE, FIRST SPECIAL SESSION,
OF THE STATE OF ARIZONA
The Joint Session o>f the First Special Session of the Twenty-fifth
Legislature, was called to order at 10: 31 A.M., by Senator Carpenter
of Gila County, President of the Senate.
A quorum of both Houses was present.
At 10: 32 A.M., the Joint Organization Committee consisting of Senators
Corbett, Spikes and Sullivan, Representatives McClellan, Rowland
and Haugh, returned escorting his Ecx:cellency, Paul J. Fannin, Gov­ernor
of Arizona. The Governor, who was introduced by President
Carpenter, delivered the following message:
GOVERNOR'S MESSAGE,
Mr. President, Mr. Speaker, Members of the Senate and the
House of Representatives, My Fellow Arizonans:
I issued the Call of this special session in answer to a clear
mandate from our people for straight-forward action to end
uncontrolled speculation in liquor licenses and to strengthen
our defenses against the evil of illegal narcotics traffic.
Therefore, you are in this special session for the purpose of
enacting (1) legislation regulating the issuance and transfer
of spirituous liquor licenses, and (2) legislation regulating
the acquisiition, use and possession of narcotics.
On June 14, at the time of issuing the Call, I accompanied it
with a statement listing four iprinciples which I believe are
essential to a correct solution of the liquor license problem.
These are:
1. All sales, leases, rentals or transfers of owner­ship
of alcoholic beverage licenses should be pro­hibited,
regardless of date of issuance. Justice re­quires
that such statutory change include pro­tective
provisions:
Whereby a qualified person who ac­quires
a going business would be as­sured
of the issuance of a new license
for the continuation of the business,
and,
6
FIRST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION
Whereby a person now legally operat­ing
a business under a leased license
would be assured of an original license.
2. A reasonable time limitation should be im­posed
beyond which a license must be put to use
o:r cancelled.
3. The present quota law, based on the ten year
census, should be replaced by a realistic formula
for determining the public convenience and ne­cessity
'for the issuance of licenses. Such deter­minations
are wisest and fairest when made
by that local government closest to that segment
of the general public most affected. Therefore, li­cense
approval should be founded upon an origin­al
determination of public convenience and ne­cessity
by the governing body of the proper po­litical
subdivision and, thereafter reviewed by the
state department of liquor licenses and control.
Such determinations should be subject to court
appeal.
4. The fees should be equitably increased so that
they will support, in whole, the 'full cost of opera­tion
of the state regulatory department. The tax­paying
public at large should not be required, as
is, now· the case, to contribute general tax money
to the support of this department.
I also noted on June 14, that in addition to these four spe­cific
principles as a basis for amendments of the law, there
was also needed a number of technical changes and clarifi­cations.
For instance, the eligibility of non-drinking citizens
to protest a license issuance should be specifically estab­lished.
Because of a recent decision otf our Supreme Court,
it is imperative that we clarify the ownership of licenses by
corporations, so long as a qualified person is responsible
therefor. All existing liquor licenses expire on December 31,
19'61. Therefore, new legislation must be effective prior to
that date so that the revisions of the law will be applicable
to the issuance of new licenses.
The people of Arizona emphatically reject the false notion
that their state government has the slightest legal or moral
obligation to insure profit for liquor license speculators.
We should not perpetuate a pattern of speculative traffick­ing
in mere permits granted by the state for the sale of
alcoholic beverages.
Nor do the people of Arizona accept a situation wherein
an original permittee, by the renting or leasing of one or
more permits to others, is in eftfect endowed by our state
government with an unearned income.
As I have heretofore stated, the situation as it now stands
is repugnant to our people and to the concept of sound and
fair government practices.
FIRST DAY
MON:DAY, JULY 17, 1961
HOUSEi JOURNAL-FIRST SPE:CIAL SESSION
I have, therefore, purposely devised the wording of the first
item in the Call so that wide ranging qualification cannot
lure us away from or impede the disposal of the clear c1:1-t
issue of profiteering in liquor licensing. The people of Ari­zona
demand action and I know that you are determined to
give it to them.
Now, regarding the second item in the Call:
On the subject of narcotics, Arizonans have a heartfelt com­passion
for the helpless, trapped addict and have a desire
to help him back to life. This feeling is coupled with the firm
determination that the strength of the srtate and local govern­ment
shall strike as forcibly as possible at the peddler, often
himself an addict, whose weakness has the evil power to
contaminate and to destroy human beings.
Strict and unemotional control of illegal narcotics traffic
in this country has long been a serious, need. We have a duty
to take our place along with our neighboring states to con­tribute
our full share to the battle against this menace to
society. As many of you know, the State of California re­cently
enacted more stringent legislation in this field. This
further emphasized our need for action to curb the possibili­ties
of peddlers and addicts seeking haven in our state for
their illicit practices.
In regard to the addict the key word is control. It must be,
since expert testimony and reports. from active and inter­ested
segments of our society dramatize the fact that no
known cure has, been developed and scientifically proven.
Dramatic results however, have been proven in the area of
control.
Our legislation should be so devised to accomplish two ob­jectives.
First, strike a heavy blow at the peddler with
stringent mandatory penalties on the first and any subse­quent
offense. Second, devise a strict and workable system
of confinement for the addict.
In the statement accompanying the Call I said:
"In regard to the addict, on first offense of usage
or possession a mandatory sentence should be
given with probation allowable on close control
under a testing program such as the nalline test.
"On second offense of usage or possession a
mandatory penalty should be imposed."
The months of extensive studies, hearings and research on
this subject by the dedicated Arizona Citizens' Committee
and the Senate Interim Committee provide you with ex­tensive
information that will no doubt assist greatly in
your drafting of appropriate legislation.
7
8
FffiST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION
On behalf of the people of Arizona, I extend their heart­felt
thanks to the fine public servants on all the committees
and supporting groups who have given so unselfishly of
their time and services to prepare for this session.
Let me conclude these remarks with these observations.
First, I do not feel that the subject of taxation should be
injected into this special session. The problems involving
the tax burden upon our homeowners and other real proper­ty
taxpayers will-and should-be at the fore front of the
regular session in January. The complexity and wide sig­nificance
of this subject, together with other matters of
statewide significance which will be before that general
session will require your very best single-minded efforts
at that time. It should not become piecemealed or involved
particularly in the subject of liquor license issuance.
Finally, the Official Call for this special session deliberately
omitted many subject matters which might be regarded as
pertaining to liquor legislation. These matters, however, are
unrelated to the pressing need we face to amend the laws
pertaining to the issuance of licenses. I need not remind us
here today that the eyes of every Arizonan are upon us
awaiting action. They demand-and are entitled to-action
This action can result if we all lay aside our personal feel­ings
and cooperate with each other. I pledge you my co­operation.
I know I shall receive yours.
At 10: 45 A.M., the Governor was escorted from the House Chambers.
Without objection, at 10: 46 A.M., the Joint Session of the Legislature
was dissolved.
CLARENCE L. CARPENTER,
President of the Senate.
W. L. "TAY" COOK,
Speaker of the House.
ATTEST: LOUISE C. BRIMHALL,
Secretary of the Senate.
RUBY H. SANDERS,
Chief Clerk of the House.
At 10: 47 A.M., Speaker Cook called the House to order.
REPORTS OF SI'ANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, recommended the hiring
of the following attaches:
FIRST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION
Mr. Speaker:
Your Committee on Administration reports that it has had
under consideration the hiring of attaches and respectfully
recommends that the following attaches be hired for the
First Special Session of the Twenty-fifth Legislature.
Your Committee, with the consent of the Speaker, reserves
the right to discharge any attache whose services are not
satisfactory.
Secretary to Chief Clerk. ......................................... J ean Kropp
Payroll-Bookkeeper ............................................ Peggy McDowell
Bill-Journal Clerk ...................................................... Dixie Clonts
Head Minute Clerk .................................................. Sue Thompson
Minute Clerk ............................................................ Mabel Hickson
Law Clerk .............................................................. Charles Stidham
Chief Clerk's Page & File Clerk. ............... Jaunita Zambonini
Head E. & E. Clerk. ............................................... R. Hazel Hilbers
E. & E'. Clerk. ....................................................... Opal F. Plummer
Reader .............................................................................. Susan Shaw
Supervisor of Steno PooL .................................. Geraldine Thies
Postmistress ................................................................ Merle Farmer
Printing & Supply Clerk-Adm. Secy ................. Sally Dunton
Judiciary Secretary .................................... Elnora Noble Moody
Secretary to Speaker .................................................... Violet Don
Appropriations Secretary ...................................... Helen Quinter
Secretary to Majority Floor Leader ................ Dorothy Bennett
Secretary to Minority Floor Leader ............ Catherine Fisher
Telephone Operators ............................................ Florence Brown
Gwendolyn B. Holt
Grace Go:ff
Mary Ann Sebestyen
Head Page ............................................................ Daniele B. Tuttle
Pages ........................................................................ Zoe Ann Groves
Jeannine Longmire
Judith A. Westfall
Betty Harter
Virginia Albright
Betty L. Talla
9
FmST DAY
MONDAY, JULY 1'7; 1961·
10 HOUSE JOURNAL-FIRST SPECIAL SESSION
Stenographers ........................................................ Ruth Speakman
Glenna Quaintance
Mary Catherine Llewellyn
Mary Alice Clemens
L. Jane Richards
S. Eleanor Bittner
Annemarie Pieri
Peggy Holt
Cheryl Thraen
Mimeograph Operators ......................................... .Laura Whipple
Julia Warren
Supply Clerk ............................................................ Betty L. Negri
Post Office Clerks .................................................. Lena Hundley
Eva Mae Butler
Carmen Espinoza
Clara Parkyn
Ollye Sanders
Jessie Bacon
Jewel McLaughlin
E. Latrelle (Lou) Fadrhonc
Kate Cantelme
Doormen .............................................................. George L. Malone
W. S. Rooney
W.W. Boggan
Carl Sims
Eugene Marin
Frank Seeley
Frank Olin
J anitors .......................................................................... J ohn Hannan
Thomas Nile Brown
Cleophas Cherry
Motion by Mr. Dover, seconded by Mr. Stephens, that the report of
the Committee on Administration be accepted, and that the named
attaches be elected for the First Special Session of the Twenty-fifth
Legislature. Carried.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned. Carried at 10: 50 A.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
SECOND DAY
TUESDAY, JULY 18, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 11
SECOND DAY
TUESDAY, JULY 18, 1961
The House met at 10: 00 A.M., prursuant to adjournment, Speaker
Cook presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Crane,. Dalton, Dover, Elias, Eliot,
Elliott, Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray,
Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, Klauer,
Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Ryan, Schellenberg, Scudder, Shreeve, Smith, Stephens,
Stump, Thode, Toscano, Traficanti, Van Dyke, Varn, Vipperman,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker Cook-75.
EXCUSED: Cook, DeWitt, Holmes, King, Rowland-5.
Reverend Raymond C. Acheson, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Monday, July 17,
1961, was dispensed with, and aip,proved as written.
At 10: 10 A.M., the Sergeant at Arms announced the seating of Mr.
King.
PERSONAL PRIVILEGE
The following Members addressed the House:
David B. Kret--Arizona Quota Sys.tern for Liquor Licenses.
Arthur B. Schellenberg-Recent JunioT College Develop­ment.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess until 2: 00 P.M. Carried at 10: 23 A.M.
AFTERNOON SESSION
At 2: 00 P.M., the House resumed session, Speaker Cook presiding.
At 2: 00 P.M., the Sergeant at Arms announced the seating of Members
Holmes and Rowland.
Without objection, the House referred to the Order of Business:
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bills were read the first
time by number and title:
HOUSE BILL 1, by Members Stephens, Holmes, Hutto, Riggs,
Vipperman of Maricopa; Scudder of Coconino; Cook, Webster of Pima;
THffiD DAY
WEDNESDAY, JULY 19, 1961
12 HOUSE JOURNAL-FIRST SPECIAL SESSION
Smith ofl Pinal; Klauer of Yuma, An Act, relating to alcoholic bev­erages;
amending Sections 4-112, 4-201, 4-202, 4-203, 4-2'06, 4-207,
4-209, and 4-210, Arizona Revised Statutes, and amending Title 4,
Chapter 2, Article 1, by adding Sections 4-20'5.0l, 4-205.02 and 4-207.02.
Referred to Committee on Administration for !printing.
HOUSE BILL 2, co-sponsored by Members Ste,pihens and Higgins
of Maricopa, An Act, relating to. narcotics; regulating the use, distri­bution
and dispensing of narcotic drugs; prescribing unlawful acts;
prescribing penalties; prescribing certain conditions to be met by
violators placed on probation or parole; ,p1rnviding for civil commit­ment
of addicts; amending Sections 36-1001, 36-1002, 36-1003, 36-1008,
36'-1013, 36-1017, 36-1019 and 36-1020, Arizona Revised Statutes;
amending Title 36, Chapter 9, Article 1, Arizona Revised Statutes, by
adding Sections 36-1015.01, 3,6-1017.01 to 36-1017.06, inclusive,
36-1020.01, and. 36-1025 to 36-1031, inclusive, and repealing Sections
36-1022. and 36-1062, Arizona Revised Statutes. Referred to Committee
on Administration for printing.
HOUSE BILL 3, by Mr. Toscano of Marico1Pa, An Act, relating to
liquor licenses and control; amending Sections 4-101, 4-202, 4-203,
4-20'5 and 4-242, Arizona Revised Statutes, and amending Title 4,
Chapter 2, Article 1, Arizona Revised Statutes, by adding Sections
4-20>6.0l and 4-206.02. Referred to Committee on Administration for
printing.
HOUSE BILL 4, by Mr. Toscano of Maricopa, An Act, relating to
narcotic drugs; prescribing ,penalties for illegal sale of narcotic drugs,
and amending Section 36-1020, Arizona Revised Statutes. Referred
to Committee on Administration for printing.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned. Carried at 2: 07 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
THIRD DAY
W. L. ''T'AY" COOK,
Speaker of the House.
WEDNESDAY, JULY 19, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker
Cook presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Burgess,
Burson, Carreon, Carson, Cook, Crane, Dalton, Dover, Elias, Elliott,
Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray, Hathaway,
Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins, Holmes,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, King, Klauer,
THIRD DAY
WEDNESDAY, JULY 19, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 13
Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Stephens,
Stump, Thode, T'oscano, Traficanti, Van Dyke, Varn, Vi1p1perman,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker Cook-76.
EXCUSED: Brewer, DeWitt, Eliot, Smith-4.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Brewer and DeWitt.
Reverend Raymond C. Acheson, Chaplain of the House, oiffered prayer.
Without objection, the reading oif the Journal of Tuesday, July 18,
1961, was dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Haugh addressed the House on House, Bill 5, relating to
Alcoholic Beverages.
At 10: 07 A.M., the Sergeant at Arms announced the seating of Mrs.
E'.liot.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess until 2: 00 P.M. Carried at 10: 10 A.M.
AFTERNOON SESSION
At 2: 00 P.M., the House resumed session, Speaker Cook presiding.
At 2: 00 P.M., the Sergeant at Arms announced the seating of Mr.
Smith.
Without objection, the House referred to the Order of Business:
REPORTS OF STANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, on printing.
Ordered:
House Bill L ...................................................... 3,000 copies
House Bills 2, 3 and 4
mimeographed............................................ 200 copies
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the first time
by number and title:
HOUSE BILL 5, by Members Haugh, Hawkins, Holsclaw, Trafi­canti,
Varn, Wessler O'f Pima; Elliott, Gilbert of Cochise; Knoles of
Coconino; Barkley, Brewer, Burgess, Burson, Eliot, E:ubank, Priscilla
Hays, Higgins, Humphrey, Koch, Kret, Ruth Peck, Porter, Reese,
Rhodes, Schellenberg, Wilcox, Wood, Van Dyke of Maricopa; Larson
THIRD DAY
WEDNESDAY, JULY 19, 1961
14 HOUSE JOURNAL-FIRST SPECIAL SESSION
of Navajo; Moody of. Pinal, An Act, relating to alcoholic beverages;
amending Sections 4-112, 4-201, 4-202, 4-203, 4-205, 4-207, 4-207.01,
4-209· and 4-210, Arizona Revised Statutes; amending Title 4, Chapter 2,
Article 1, Arizona Revised Statutes, by adding Section 4-211, and re­pealing
Section 4-206, Arizona Revised Statutes. Referred to Committee
on Administration for printing.
SECOND READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bills were read the second
time by number and title:
HOUSE BILL 1, amending laws to regulate the issuance and trans­fer
of spirituous liquor licenses.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the rules
be suspended and that House Bill 1 be placed on the Active Calendar
of the Committee of the Whole for today. Carried.
HOUSE BILL 2, amending laws to regulate the acquisition, use and
possession of narcotics. Referred to Committees on Judiciary, Public
Health, State Government, and County Affairs.
HOUSE BILL 3, amending laws to regulate the issuance and trans­fer
of spirituous liquor licenses. Referred to Committees on Judiciary,
Banking, Insurance and Corporations, County Affairs, and State
Government.
HOUSE BILL 4, prescribing penalties for illegal sale of narcotic
drugs. Referred to Committees on Judiciary, Public Health, State
Government, and County Affairs.
MOTION TO GO INTO COMMITTEE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the consideration of
the bill on the Calendar. Carried, and at 2: 09 P.M., the House resolved
itself into a Committee of the Whole, Mr. Hathaway in the Chair.
At 5: 12, P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, repo:rted progress.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the report
of the Committee of the Whole be accepted. Carried.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned until 9: 00 A.M., Thursday, July 20, 1961. Carried at
5:20 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
FOURTH DAY
THURSDAY, JULY 20, 1961
HOUSE JOURNAL-FIRST' SPECIAL SESSION 15
FOURTH DAY
THURSDAY, JULY 20, 1961
The House met at 9: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Brayton, Brewer, Burgess,
Carreon, Carson, Cook, Crane, Dover, Elias, Elliott, Ellis, Ellsworth,
Eubank, Fridena, Gilbert, Glancy, Gray, Hathaway, Haugh, Hawkins,
Merle Hays, Higgins, Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto,
Jordan, King, Klauer, Koch, Kret, Larson, Lindner, McClellan, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum., Rowland, Ryan, Schellenberg, Shreeve, Smith, Stephens,
Stump, Thode, T'oscano, Traficanti, Van Dyke, Varn, Viiprperman,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker Cook----69.
EXCUSED: Botzum, Burson, Dalton, DeWitt, Eliot, Priscilla Hays,
Holmes, Knoles, Lines, Martin, Scudder-IL
At 9: 01 A.M., the Sergeant at Arms announced the seating of Members
Burson, DeWitt, Priscilla Hays, Knoles and Scudder.
Reverend Raymond C. Acheson, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Wednesday, July 19,
1961, was1 dispensed with, and approved as written.
Motiion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess, subject to the call of the gavel. Carried at 9: 06 A.M.
At 10: 15 A.M., Speaker Cook caHed the House to order.
At 10: 15 A.M., the Sergeant at Arms announced the seating of Mem­bers
Botzum, Eliot, Holmes, Lines and Martin.
Without objection, the House referred to the Order of Business:
REPORTS OF ST ANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, on printing.
Ordered:
House Bill 5 .......................................................... 3,000 copies
Received:
House Bills 2, 3 and 4.
SEC01'l'D READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was disipensed with, and the following bill was read the second
time by number and title:
FOURTH DAY
THURSDAY, JULY 20, 1961
16 HOUSE JOURNAL-FIRST SPECIAL SESSION
HOUSE BILL 5, amending laws to regulate the issuance and trans­fer
of spirituous liquor licenses.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the rules
be suspended and that House Bill 5 be placed on the Calendar of
the Committee of the Whole. Carried.
MOTION TO GO INTO COMMITTEE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the further con­sideration
of the bill on the Calendar. Carried, and at 10: 18 A.M., the
House resolved itself into a Committee of the Whole, Mr. Hathaway
in the Chair.
At 10: 30 A.M., while in the Committee of the Whole, the Sergeant
at Arms announced the seating of Mr. Dalton.
At 12: 30 P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, reported progress.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the report
of the Committee of the Whole be accepted. Carried.
Motion by Mr. Stephens, seconded by Mr. Ensworth, that the House
stand at recess until 2: 30 P.M. Carried at 12: 32 P.M.
AFTERNOON SESSION
At 2: 30 P.M., the House resumed session, Speaker Cook presiding.
Without objection, the House referred to the Order of Business:
MOTION TO GO INTO COMMITTEE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the further considera­tion
of the bill 'On the Calendar. Carried, and at 2.38 P.M. the House
resolved itself into a Committee of the Whole, Mr. Hathaway in the
Chair.
At 5: 20 P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, reported progress.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the report of
the Committee of the Whole be accepted. Carried.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned until 9: 00 A.M., Friday, July 21, 1961. Carried at
5:21 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
FIFTH DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 17
FIFTH DAY
FRIDAY, JULY 21, 1961
The House met at 9: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT': Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, Eliot, Elliott, Ellis, Ellsworth, E'.ubank, Fridena, Gilbert, Glancy,
Gray, Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins,
Holmes, Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan,
King, Klauer, Koch, Kret, Larson, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Riggs, Rosen­baum,
Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Stephens, Stump, Thode, Toscano, Traficanti, Van Dyke, Varn, Vip­perman,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker
Cook-77.
EXCUSED: Knoles, Lindner, Rhodes-3.
Reverend L. J. Dunbar, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Thursday, July 20,
1961, was dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Haugh addressed the House on telephone calls at
night concerning the Legislature.
REPORTS OF STANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, on printing.
Received:
House Bill 1.
At 9: 17 A.M., the Sergeant at Arms announced the seating of Mr.
Rhodes.
BILLS AND OTHER BUSINESS FROM THE SENATE
A message from the Senate by Louise C. Brimhall, its secretary, was
read:
SENATE BILL 1, passed by a vote of 27 ayes, 1 not voting.
FIFTH DAY
FRIDAY, JULY 21, 1961
18 HOUSE JOURNAL---FIRST' SPECIAL SESSION
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the first time
by number and title:
SENATE BILL 1, An Act, relating to narcotics; regulating the use,
production, sale, distribution and dispensing of narcotic drugs; pre­scribing
penalties; prescribing conditions for placing offenders on
probation; prescribing treatment for narcotic addicts; amending Sec­tions
36-1001, 36-1002, 36-1019 and 36-1062, Arizona Revised Statutes;
amending Title 36, Chapter 9, Article 1, Arizona Revised Statutes, by
adding Sections 36-1002.01 to 36-1002.10, inclusive; amending Title
36, Chapter 9, Article 3, Arizona Revised Statutes, by adding Sections
36-1062.01, 36-1062.02 and 36-1062.03, and repealing Sections 36-1020,
36-1022 and 36-1023, Arizona Revised Statutes.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the rules
be suspended, an emergency declared, and that Senate Bill 1 be
placed under the Order of Business, Second Reading of Bills, for today.
Carried by a two-thirds vote of all members elected to the House.
SECOND READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the second
time by number and title:
SENATE. BILL 1, amending laws to regulate the acquisition, use and
possession of narcotics. Referred to Committees on Judiciary, Public
Health, and State Government.
MOTION TO GO INTO COMMITTEE OF THE WHOLE'
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the further consider­ation
of the bill on the Calendar. Carried, and at 9:27 A.M., the House
resolved itself into a Committee of the Whole, Mr. Hathaway in the
Chair.
At 9: 30 A.M., while in the Committee of the Whole, the Sergeant at
Arms announced the seating a,f Members Knoles and Lindner.
At 12: 14 P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, reported progress.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the report
of the Committee of the Whole be accepted. Carried.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess, subject to the call of the gavel. Carried at 12: 15 P.M.
AFTERNOON SESSION
At 2: 27 P.M., the House resumed session, Speaker Cook presiding.
FIFTH DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 19
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess, subject to the call of the gavel. Carried at 2,: 30 P.M.
At 3: 22 P.M., Speaker Cook called the House to order.
Without objecHon, the House referred to the Order of Business:
BILLS AND orrHER BUSINESS FROM THE SENATE
Messages from the Senate by Louise C. Brimhall, its secretary, were
read:
SENATE CONCURRENT MEMORIAL 1, passed by a vote
of 23 ayes, 1 nay, 4 not voting.
SENATE JOINT MEMORIAL 1, passed by a vote of 23
ayes, 5 not voting.
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bills were read the first
time by number and title:
SENATE CONCURRENT MEMORIAL 1, A Concurrent Memorial,
recommending to the Congress of the United States that research
be undertaken in five major areas relating to narcotic drug addiction
and methods of treating narcotic drug addicts.
SENATE JOINT MEMORIAL 1, A Joint Memorial, requesting the
United States Treasury Department to implement existing practices
for the purpose of permitting its, customs service and the bureau of
narcotics to maintain a more rigid border inspection and thereby
prevent the illegal importation of narcotic drugs.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the rules be
suspended, an emergency declared, and that Senate Concurrent
Memorial 1 and Senate Joint Memorial 1 be placed under the Order
of Business, Second Reading of Bills, for today. Carried by a two-thirds
vote of all Members elected to the House.
SECOND READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bills were read the second
time by number and title:
SENATE CONCURRENT MEMORIAL 1, requesting Congress under­take
research relating to narcotic drug addiction and methods of
treating addicts. Referred to Committees on Judiciary, Public Health,
and State Government.
SENATE JOINT MEMORIAL 1, requesting more rigid inspection at
border stations to prevent illegal importation of narcotics. Referred
to Committees on Judiciary, Public Health, and State Government.
FIFTH DAY
FRIDAY, JULY 21, 1961
20 HOUSE JOURNAL-FIRST SPE:CIAL SESSION
MOTION TO GO INTO COMMITTE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the further considera­tion
of the bill on the Calendar. Carried, and at 3: 26 P.M., the House
resolved itself into a Committee of the Whole, Mr. Hathaway in the
Chair.
During the Committee of the Whole, Mr. Haugh asked the Chair for
ruling: when a voice vote is taken and a division called for, can
Members, not present for the voice vote be allowed to vote in the
division on the standing vote.
The Chair ruled that no one on the floor of the House, wishing to vote
at any time, would be denied the right.
At 5:07 P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, reported:
That House Bill 1 be amended as follows:
(Mimeographed bill)
Page 2, between lines 4 and 5, insert:
"5. To grant or deny applications for licenses and
transfers thereof in accordance with the pro­visions
of this act.".
Page 2, line 4, strike "5" and insert "6".
Page 2, line 6, strike "6" and insert "7".
Page 2, line 7, strike "7" and insert "8".
Page 3, between lines 10 and 11 insert:
"The provisions of this subsection shall not be
construed to prevent a bona fide resident of
the age of twenty-one years or more residing,
owning or leasing property within a one-half
mile radius from the premises proposed to be
licensed from testifying in favor of or in oppo­sition
to the issuance of the license, regardless of
whether or not he is a user or nonuser of spir­ituous
liquor.".
Page 6, line 26, strike the period and insert:
", except that the superintendent may grant ad­ditional
time if, in his judgment, the licensee is
in good faith attempting to comply with this sub­section.".
Page 11, strike lines 13 to 27, inclusive.
Page 11, line 28, after "Sec." strike "9" and insert
"8n.
Page 12, between lines 30 and 31, insert:
FIF'l'H DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 21
"13. Airline license issued in the name of an
operating airline company to sell or serve spir­ituous
liquors solely in individual portions on all
passsenger planes operated by the airline com­pany,
five hundred dollars.".
Page 12, line 31, strike "13" and insert "14".
Page 13, lines 1 and 4, strike "14" and "15" re­spectively
and insert "15" and "16".
Page 14, between lines 2 and 3, insert:
"13. Airline license issued in the name o'f an
operating airline company to sell or serve spir­ituous
liquors solely in individual portions on all
passenger planes operated by the airline com­pany,
four hundred fifty dollars.".
Page 14, line 3, strike "13" and insert "14".
Line 6, strike "14" and insert "15". Line 9,
strike "15" and insert "16".
Page 15, between lines 11 and 12, insert:
"13. Airline license issued in the name of an
operating airline company to sell or serve spir­ituous
liquors solely in individual portions on all
passenger planes operated by the airline com­pany,
five hundred dollars.".
Page 15, line 20, after "Sec." strike "10" and
insert "9".
Page 16, between lines 14 and 15, insert:
"Sec. 10. Title 4, Chapter 2, Article 1, Ari­zona
Revised Statutes, is amended by adding
Section 4-211, to read:
"4-211. License authorized upon loss of license
by lessee of expired lease; issuance;
transferability
"A. Upon the expiration of a lease under which a
license issued under this title is leased for use
by the lessee in an established place o•f business in
which spirituous liquors are sold, the superin­tendent
shall, upon application in accordance with
section 4-201, issue to the lessee of such lease
a license of the same class included in such lease.
"B. The license shall be issued in the name of
the applicant, provided the applicant is otherwise
qualified to have such license issued. The holder
of the license shall be subject to the penalties
prescribed for any violation of the law relating to
alcoholic beverages.
FIFTH DAY
FRIDAY, JULY 21, 1961
22 HOUSE JOURNAL-FIRST SPECIAL SESSION
"C. The 1p:rovisions of section 4-206 shall not
apply to nor in any manner restrict the issuance
of a license issued under the provisions of this
section.
"D. Such license shall be transferable from
location to location."
Strike the title and insert:
"Relating to alcoholic beverages; amending Sec­tions
4-112, 4-201, 4-202, 4-203, 4-206, 4-209 and
4-210, Arizona Revised Statutes, and amending
Title 4, Chapter 2, Article 1, Arizona Revised
Statutes, by adding Sections 4-205.01, 4-205.021 and
4-211.".
And, as so amended, it do pass.
MO'tion by Mr. Ellsworth, seconded by Mr. Stephens, that the report
of the Committee of the Whole be adopted, and that the bill be
properly assigned.
Motion by Mr. Haugh, seconded by Mr. Wessler, that the motion
by Mr. Ellsworth be amended and that the recommendation of
the Committee of the Whole, whereby House Bill 1 do pass, as
amended, be rejected, and that House Bill 1 do pass, as amended, and
be further amended as follows:
Page 6, line 7, strike "that for the purpose of" and insert
"as provided in Section 4-212.". Strike lines 8 to 13, in­clusive.
Page 16, between lines 14 and 15, insert:
"Sec. 11. Title 4, Chapter 2, Artkle 1, Arizona Revised
Statutes, is amended by adding Section 4-212, to read:
4-212. Reversion of license to lessor
"A spirituous liquor license which is in use by a lessee
shall revert to the lessor on December 31, 1961.".
Amend title to conform.
Lost by the following vote:
AYES: Barkley, Berry, Burgess, Burson, DeWitt, Eliot, Elliott,
Eubank, Gilbert, Hawkins, Priscilla Hays, Higgins, Holsclaw,
Humphrey, Knoles, Koch, Kret, Larson, Moody, Ruth Peck, Porter,
Reese, Rhodes, Rosenbaum, Schellenberg, Traficanti, Van Dyke, Va!rn,
Wessler, Wilcox, Wood-31.
NAYS: Austin, Biles, Botzum, Brayton, Carreon, Cook, Crane,
Dalton, Dover, Elias, Ellis, Ellsworth, Fridena, Glancy, Gray, Hatha­way,
Haugh, Merle Hays, Holmes, Hoopes, Hutcheson, Hutto, Jordan,
King, Klauer, Lindner, McClellan, Martin, Miller, Gemge Peck, Pugh,
Riggs, Ryan, Scudder, Shreeve, Smith, Stephens, Stump, Thode,
Toscano, Vipperman, Walker, Webster, Ybarra, Speaker Cook-45.
NOT VOTING: Brewer, Carson, Lines, Rowland-4.
FIFTH DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 23
Mr. Haugh changed his vote from "AYE" to "NAY" for the purpose
of reconsideration.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the previous
question be put. Carried by a rising vote of 40 ayes, 32 nays.
The motion by Mr. Ellsworth, that the report of the Committee of the
Whole be adopted and that the bill be properly assigned, was then
put and carried.
DISPOSITION OF BUSINESS FROM COMMITTEE OF THE WHOLE
HOUSE BILL 1, as amended by Committee of the Whole, was referred
to Committee on Administration to be engrossed.
Motion by Mr. Rhodes, seconded by Mr. Porter, that the House stand
adjourned until 10: 00 A.M., Monday, July 24, 1961. Lost by a rising
vote of 33 ayes, 43 nays.
Without objection, the House referred to the Order of Business,:
REPORTS OF STANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairm.an, on engrossing.
HOUSE: BILL 1.
THIRD RE'ADING OF BILLS
The following bill was read the third time in full:
HOUSE BILL 1, entitled, An Act, relating to alcoholic beverages;
amending Sections 4-112, 4-201, 4-202, 4-203, 4-206, 4-207, 4-209 and
4-210, Arizona Revised Statutes, and amending T'itle 4, Chapter 2,
Article 1, Arizona Revised Statutes, by adding Sections 4-205.01,
4-205.02 and 4-211.
On roll call, HOUSE, BILL 1 passed the House, without enacting the
emergency, by the following vote:
AYES: Austin, Biles, Botzum, Brayton, Carreon, Carson, Cook, Crane,
Dalton, Dover, Elias, Ellis, Ellsworth, Fridena, Glancy, Gray, Hatha­way,
Merle Hays, Holmes, Hoopes, Hutcheson, Hutto, Jordan, King,
Klauer, Lindner, McClellan, Martin, Miller, George Peck, Pugh, Riggs,
Rowland, Ryan, Scudder, Shreeve, Smith, Stephens, Stump, Thode,
Toscano, Vipperman, Walker, Webster, Ybarra, Speaker Cook--46.
NAYS: Barkley, Berry, Burgess, Burson, DeWitt, Eliot, Elliott,
Eubank, Gilbert, Haugh, Hawkins, Priscilla Hays, Higgins, Holsclaw,
Humphrey, Knoles, Koch, Kret, Larson, Moody, Ruth Peck, Porter,
Reese, Rhodes, Rosenbaum, Schellenberg, Traficanti, Van Dyke, Varn,
Wessler, Wilcox, Wood-32.
NOT VOTING: Brewer, Lines-2.
The following Members asked that explanation of their votes be en­tered
in the Journal:
FIFTH DAY
FRIDAY, JULY 21, 1961
24 HOUSE JOURNAL-FIRST SPECIAL SESSION
Inasmuch as House Bill 1 does not sufficiently liberalize the
quota system, terminate the evil of leasing licenses, grant an
equitable 'fee increase or protect our schools. and churches
to the degree necessary, I must oppose this measure.
I vote "NO".
E. T. BURSON.
I have always been interested in trying to improve our
liquor situation in our state and as long as I am a citizen
of this state I will continue to try either as a legislator or
as a lay citizen.
We came here to stop the trafficking in liquor and it's my
opinion that House Bill 1 does not do this and I cannot vote
for it. The climax to my confusion in regard to this matter
came today when the Chairman of our Liquor Study Com­mittee
refused to answer questions asked by Members who
did not have an opportunity to hear testimonies given to
the committee by officials of the state during this study com­mittee
meeting.
I therefore vote "NO" on this measure.
L. WALDO DeWITT.
I cannot condone the language in House Bill 1 legalizing the
practice of leasing liquor licenses. I think it may be illegal
and unconstitutional. It was not intended by legislatures of
the past. It should not be done by this legislature.
I think it is evident we have come to a position desired by
all those who do lease licenses.
We are serving the wrong people. To most of the citizens
of Arizona we have performed a disservice.
Therefore I vote "NO".
JOHN H. HAUGH.
I find myself unable to vote for House Bill 1 in its present
form.
This session was called to take care of the evils in liquor
trafficking. We are not doing that in this bill-in fact by
this bill we are legalizing the evils in the leasing that has
happened and under this it sets special privileges for a few
and according to the state constitution we should not do
this, for it says under Section 13. Equal Privileges and
Immunities. "No law shall be enacted granting to any citi­zen,
class of citizens, or corporation other than municipal,
privileges or immunities which, upon the same terms, shall
not equally belong to all citizens or corporations."
We have not done this in House Bill 1. We have created
special privileges. This was done by not giving consideTa­tion
to the amendments offered by the hard working men
FIFTH DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRSrI' SPECIAL SESSION 25
and women in the minority-men and women who have
served in the House of Representatives. focr many years.
We still have quotas, when you have quottas in any busi­ness
you create special privileges to a few.
I vote "NO".
WILLIAMS. PORTER.
I cannot conscientiously vote for House Bill 1 which, as
written, defeats the purpose for which we were called
into special session.
By this bill it is conceivable that a liquor establishment
could be operated adjacent to school grounds.
Liquor licenses which may have been purchased for specu­lative
purposes are legalized and the liquor department
could continue to operate at a deficit.
I vote "NO".
ROBERT C. WILCOX.
This bill is the product, pure and simple, of partisanship in
its rankest form. I believe the true interests of the people in
this state have suffered a serious setback, that their wishes
have been completely disregarded.
The true reasons focr this special session have not been
heeded, and the same evils are left untouched by this bill
as previously existed.
This bill gave preferential treatment to present license
holders, to wealthy hotel and motel owners, and even
flagrantly violates the sanctity oif our schools and churches.
I vote "NO".
JOHN WOOD.
House Bill 1 was signed in open session by Speaker Cook.
PERSONAL PRIVILEGE
The following Members addressed the House:
William Stephens )
John H. Haugh )
William S. Porter )
Wm. F. Vipperman, Jr. ) House Bill 1
Harold L. Cook )
Augusta T. Larson )
Motion by Mr. Hawkins, seconded by Mr. Stephens, that the House
stand adjourned until 10: 00 A.M., Monday, July 24, 1961. Carried at
6:30 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
EIGHTH DAY
MONDAY, JULY 24, 1961
26 HOUSE JOURNAL-FIRST SPECIAL SESSION
EIGHTH DAY
MONDAY, JULY 24, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Barkley, Berry, Biles, Botzum, Brayton, Brewer, Burgess,
Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover, Elias,
Eliot, Elliott, Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray,
Hathaway, Haugh, Merle Hays, Priscilla Hays, Higgins, Holmes,
Roope~, Hutcheson, Hutto, Jordan, Klauer, Koch, Kret, Larson, Lines,
McClellan, Martin, Miller, Moody, George Peck, Ruth Peck, Porter,
Pugh, Reese, Rhodes, Riggs, Rosenbaum, Ryan, Schellenberg, Scudder,
Shreeve, Smith, Stephens, Stump, Thode, Toscano, Traficanti, Van
Dyke, Varn, Vipperman, Walker, Webster, Wessler, Wilcox, Wood,
Ybarra, Speaker Cook-72.
EXCUSED: Austin, Hawkins, Holsclaw, Humphrey, King, Knoles,
Lindner, Rowland-8.
At 10:01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Knoles, Lindner and Rowland.
Reverend L. J. Dunbar, Chaplain of the House, offered prayer.
The Pledge o>f Allegiance to the Flag of the United States, was led
by Mrs. Thode.
Without objection, the reading of the Journal of Friday, July 21, 1961,
was dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Brewer addressed the House and requested his remarks
be entered in the Journal.
Mrs. Thode objected.
The request was denied by the following vote:
A YES: Eliot, Priscilla Hays, Higgins, Larson, Ruth Peck
-5.
NAYS: Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt,
Dover, Elias, Ellis, Ellsworth, Eubank, Fridena, Gilbert,
Glancy, Hathaway, Haugh, Merle Hays, Holmes, Hoopes,
Hutcheson, Hutto, Jordan, Klauer, Knoles, Koch, Kret,
Lindner, Lines, McClellan, Martin, Miller, Moody, George
Peck, Porter, Pugh, Rhodes, Riggs, Ryan, Schellenberg,
Scudder, Shreeve, Stump, Thode, Toscano, Traficanti, Van
Dyke, Varn, Vipperman, Walker, Webster, Wessler, Wilcox,
Wood, Ybarra, Speaker Cook-62.
NOT VOTING: Austin, Burgess, Elliott, Gray, Hawkins,
Holsclaw, Humphrey, King, Reese, Rosenbaum, Rowland,
Smith, Stephens--13.
NINTH DAY
TUESDAY, JULY 25, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 27
REPORTS OF STANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, on printing.
Received:
House Bill 5.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned. Carried at 10: 18 A.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
NINTH DAY
W. L. "TAY" COOK,
Speaker of the House.
TUESDAY, JULY 25, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burson, Carson, Cook, Crane, Dalton, DeWitt, Dover, Elias, Eliot,
Elliott, Ellis, Eubank, Fridena, Gilbert, Glancy, Hathaway, Haugh,
Hawkins, Merle Hays, Higgins, Holmes, Holsclaw, Hoopes, Hum,phrey,
Hutcheson, Hutto, Jordan, Klauer, Knoles, Koch, Kret, Larson, Lines,
McClellan, Martin, Miller, Moody, George Peck, Ruth Peck, Porter,
Pugh, Reese, Rhodes, Riggs, Rosenbaum, Rowland, Ryan, Schellenberg,
Scudder, Shreeve, Smith, Stephens, Stump, Thode, Toscano, Traficanti,
Van Dyke, Varn, Vipperman, Webster, Wessler, Wilcox, Wood, Speaker
Cook-71.
EXCUSED: Burgess, Carreon, Ellsworth, Gray, Priscilla Hays, King,
Lindner, Walker, Ybarra-9.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Burgess, Carreon, Priscilla Hays, King, Lindner, Ybarra.
Reverend L. J. Dunbar, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal o,f Monday, July 24,
1961, was dispensed with, and app['oved as written.
PERSONAL PRIVILEGE
The following Member asked that his remarks be entered in
the Journal:
Myths in the field of the control of illegal narcotics.
The first is the so-called free-drug clinic system.
NINTH DAY
TUESDAY, JULY 25, 1961
28 HOUSE JOURNAL-FIRST' SPECIAL SESSlON
The true record devastates this myth completely. Many
studies in England, to find this "British System", have been
made by eminent doctors, legal minds and pharmacologists.
Here is a direct quote from Commissioner Ans.linger of the
Federal Narcotics Bureau-"The meaningless words 'British
System' were conceived in the confused brain of a self­appointed
narcotic expert, an American college professor
who concealed his ignorance of the problem by ostentation
of seeming wisdom. Obviously he was an avid student of the
method of dictators who poisoned their subjects by making a
statement simrp,le, saying it often, and making it burn.
Pseudo narcotic experts quickly seized on this as a panacea.
After a penetrating analysis by Mr. M. L. Harney on the cold
facts of the British System the hard-on-the-spot look by Dr.
James C. Munch, the skeptical statement by Honorable
Paul R. Martin, and the brilliant report by Drs. G. W. Lari­more
and Henry Brill, the British System was reduced to
an unrecognizable shambles.
The coup de grace was given by Mr. T. C. Green of the
British Home Office, who said the British System is an in­vention
of certain, Americans thereby administering ex­treme
unction to an already decaying corpse which never
drew breath or saw the light of day.".
F. A. HIGGINS.
John H. Haugh announced the existence of a memorandum
on the Members desks concerning the number of liquor li­censes
leased out with the number held.
REPORTS OF STANDING COMMITTEES
The following standing committee reports were read:
Judiciary, L. Alton Riggs, Chairman.
SENATE BILL 1, constitutional and in proper form.
SENATE CONCURRENT MEMORIAL 1, constitutional and
in 1pa:-oper form.
SENATE JOINT MEMORIAL 1, constitutional and in proper
form.
Public Health, Nelson D. Brayton, Chairman.
SENATE BILL 1, recommended do pass.
SENATE CONCURRENT MEMORIAL 1, recommended do
pass.
SENATE, JOINT MEMORIAL 1, recommended do pass.
State Government, E. B. Thode, Chairman.
SENATE BILL 1, recommended do pass.
NINTH DAY
TUESDAY, JULY 25, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 29
SENATE CONCURRENT MEMORIAL 1, recommended do
pass.
SENATE JOINT MEMORIAL 1, recommended do pass.
Rules, Robert R. Hathaway, Vice-Chairman.
SENATE BILL 1.
SENATE CONCURRENT MEMORIAL 1.
SENATE JOINT MEMORIAL 1.
MOTION TO GO INTO COMMITTEE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Hathaway, that the House
resolve itself into a Committee of the Whole for the consideration Olf
the bills on the Calendar. Carried, and at 10: 15 A.M., the House
resolved itself into a Committee of the Whole, Mr. Miller in the
Chair.
At 10: 18 A.M., the Committee of the Whole was dissolved and Mr.
Miller, Chairman, reported:
That Senate Bill 1 do pass.
That Senate Concurrent Memorial 1 do 1pass.
That Senate Joint Memorial do pass.
Motion by Mr. Stephens, seconded by Mr. Hathaway, that the report
of the Committee of the Whole be adopted, and that the bills be
properly assigned. Carried.
DISPOSITION OF BUSINESS FROM COMMITTEE OF THE WHOLE
Senate Bill 1, Senate Concurrent Memorial 1 and Senate Joint Memor­ial
1 were placed under the Order of Business, Third Reading of Bills.
At 10: 35 A.M., the Sergeant at Arms announced the seating of Mr.
Walker.
THIRD READING OF BILLS
The following bills were read the third time in full:
SENATE BILL 1, entitled, An Act, relating to narcotics; regulating the
use, production, sale, distribution and dispensing of narcotic drugs;
prescribing penalties; prescribing conditions for placing offenders
on probation; prescribing treatment for narcotic addicts; amending
Sections 36-1001, 36-1002, 36-1019 and 36-10,62, Arizona Revised Stat­utes;
amending Title 36, Chapter 9, Article 1, Arizona Revised Statutes,
by adding Sections 36-1002.01 to 36-1002.10, inclusive; amending T'itle
36, Chapter 9, Article 3, Arizona Revised Statutes, by adding Sections
NINTH DAY
TUESDAY, JULY 25, 1961
30 HOUSE JOURNAL---FIRST SPECIAL SESSION
36-1062.01, 36-1062.02 and 36-1062.03, and repealing Sections 36-1020,
36-1022 and 36-1023, Arizona Revised Statutes.
On roll call SENATE BILL 1 passed the House by the following vote:
AYES: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, EJiot, Elliott, Ellis, Eubank, Fridena, Gilbert, Glancy, Hathaway,
Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins, Holmes,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, ·King,
Klauer, Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin,
Miller, Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes,
Riggs, Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve,
Smith, Stephens, Stump, Thode, Toscano, Traficanti, Van Dyke, Varn,
Vipperman, Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker
Cook-78.
NOT VOTING: Ellsworth, Gray-2.
The following Member asked that explanation of his vote be entered
in the Journal:
I wish to support whole-heartedly, the provisions provided
in Senate Bill 1. We have taken the first long step1 toward a
complete and modern narcotics control program in Arizona.
The result of the Citizens' Narcotics Study Committee, many
Members of this House including Mr. Stephens and myself,
and the interim work of the Senate Narcotics Study Com­mittee.
However, with some knowledge of the subject I would be
remiss if I did not call respectful attention to one area
of the problem not covered in Senate Bill 1. It is that we
are not allowing our enforcement people, who have the
prime duty, in this field, the use of an opiate anti-narcotic
inaction as an important tool in their work. This, if done in
t.he •future, can add to the overall area of evidence in getting
the addict off the street and out of the clutches of the pusher.
California allows this. Illinois allows this. It is my hope and
I trust yours, that very soon our narcotics control program
can be made complete in Arizona by adding this important
feature. I feel optimistic in the area of the Judicial Branch
using these tests as a part of the probation requirements.
I vote "AYE".
F. A. HIGGINS.
Senate Bill 1 was signed in open session by Speaker Cook.
SENATE CONCURRENT MEMORIAL 1, A Concurrent Memorial,
recommending to the Congress of the United States that research be
undertaken in five major areas relating to narcotic drug addiction
and methods of treating narcotic drug addicts.
On roll call SENATE CONCURRENT MEMORIAL 1 passed the House
by the following vote:
NINTH DAY
TUESDAY, JULY 25, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 31
AYES: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brew.er,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt,
Dover, E,lias, Eliot, Elliott, Ellis, Eubank, Fridena, Gilbert, Glancy,
Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins,
Holmes, Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan,
King, Klauer, Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan,
Martin, Miller, Moody, George Peck, Ruth Peck, Pugh, Reese, Rhodes,
Riggs, Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve,
Smith, Stephens, Stump, Thode, Toscano, Traficanti, Van Dyke, Varn,
Vipperman, Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker
Cook-77.
NOT VOT'ING: Ensworth, Gray, Porter-3.
Senate Concurrent Memorial 1 was signed in open session by Speaker
Cook.
SENATE JOINT MEMORIAL 1, A Joint Memorial, requesting the
United States Treasury Department to implement existing practices
for the purpose of permitting its customs service and the Bureau of
Narcotics to maintain a more rigid border insipection and thereby
prevent the illegal importation of narcotic drugs.
On roll call SENATE JOINT MEMORIAL 1 passed the House by
the following vote:
AYES: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, Eliot, Elliott, Ellis, Eubank, Fridena, Gilbert, Glancy, Hathaway,
Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins, Holmes, Hol­sclaw,
Hoopes, Humphrey, Hutcheson, Hutto, Jordan, King, Klauer,
Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, Ge0crge Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Stephens, Stump, Thode, Toscano, Tr,aficanti, Van Dyke, Varn, Vipper­man,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker Cook
-78.
NOT' VOTING: Ellsworth, Gray-2.
Senate Joint Memorial 1 was signed in open session by Speaker Cook.
Motion by Mr. Stephens, seconded by Mr. Hathaway, that the House
stand adjourned. Carried at 11: 00 A.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
TENTH DAY
WEDNESDAY, JULY 26, 1961
32 HOUSE JOURNAL-FIRST SPECIAL SE:SSION
TENTH DAY
WEDNESDAY, JULY 26, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer;
Burson, Carreon, Carson, Cook, DeWitt, Dover, Elias, Eliot, Elliott,
Ellis, E:ubank, Fridena, Gilbert, Glancy, Gray, Haugh, Hawkins, Merle
Hays, Priscilla Hays, Higgins, Holsclaw, Hoopes, Humphrey, Hutche­son,
Hutto, Jordan, King, Klauer, Kret, Larson, Lindner, Lines, Mc­Clellan,
Martin, Miller, Moody, George Peck, Ruth Peck, Pugh, Rhodes,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Stephens, Stump, Thode, Traficanti, Van Dyke, Varn, Vipperman,
Walker, Webster, Wessler, Wood, Ybarra, Speaker Cook-67.
EXCUSED: Burgess, Crane, Dalton, Ellsworth, Hathaway, Holmes,
Knoles, Koch, Porter, Reese, Riggs, Toscano, Wilcox-13.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Burgess, Crane, Hathaway, Porter, Reese, Riggs, Toscano.
Reverend L. J. Dunbar, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Tuesday, July 25,
1961, was, dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Hathaway addressed the House on an Honorable Oc­casion-
Birthday of Mr. Milton Lines, oldest Member in
point of service.
Motion by Mr. Stephens, seconded by Mr. Hathaway, that the House
stand adjourned. Carried at 10: 06 A.M.
ATTESI': RUBY H. SANDERS,
Chief Clerk o'f the House.
W. L. "TAY" COOK,
Speaker of the House.
ELEVENTH DAY
THURSDAY, JULY 2'7, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 33
ELEVENTH DAY
THURSDAY, JULY 27, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, Eliot, Elliott, Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy,
Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Holmes,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, King, Klauer,
Knoles, Koch, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porrter, Pugh, Reese, Riggs, Ros:en­baum,
Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith, Sterph-­ens,
Stump, Thode, Toscano, Tra.ficanti, Van Dyke, Varn, Vipperman,
Walker, Webster, Wessler, Wood, Ybarra, Speaker Cook-75.
EXCUSED: Gray, Higgins, Kret, Rhodes, Wilcox-5.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Members
Gray and Higgins.
Father Victor Bucher, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Wednesday, July 2.6,
1961, was dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Vipperman addressed the House on School Legislation.
REPORTS OF STANDING COMMITTEES
The following standing committee reprnrts were read:
Banking, Insurance and Corporations, Merle Hays, Chairman.
HOUSE BILL 3, returned for consideration of the House.
County Affairs, Bill Stephens, Chairman.
HOUSE BILL 3, returned for consideration of the House.
State Government, E. B. Thode, Chairman.
HOUSE BILL 3, returned for consideration of the House.
Motion by Mr. Stephens, seconded by Mr. Ells,worth, that the House
stand at recess until 2: 00 P.M. Carried at 10: 18 A.M.
AFTERNOON SESSION
At 2: 00 P.M., the House resumed session, Speaker Cook presiding.
At 2: 00 P.M., the Sergeant at Arms. announced the seating of Members
Kret and Rhodes.
TWELFTH DAY
FRIDAY, JULY 28, 1961
34 HOUSE JOURNAL-FIRST SPECIAL SESSION
Without objection, the House referred to the Order of Business:
BUSINESS DN THE SPEAKER'S DESK
Communications from the Governor, Paul Fannin, on approval of the
following bills, were read and filed.
SENATE BILL l, signed July 27, 1961.
SENATE JOINT' MEMORIAL 1, signed July 25, 1961.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned. Carried at 2: 01 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
TWELFTH DAY
FRIDAY, JULY 28, 1961
The House met at 10: 00 A. M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, Dover, Elias,
Eliot, Elliott, Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray,
Hathaway, Haugh, Hawkins, Mecrle Hays, Pdscilla Hays, Higgins,
Holmes, Holsclaw, Hoopes, Hutcheson, Hutto, Jordan, King, Klauer,
Knoles, Koch, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Stephens, Stump, Thode, Toscano, Traficanti, Van Dyke, Varn, Vip­perman,
Walker, Webster, Wessler, Ybarra, Speaker Cook-75.
EXCUSED: DeWitt, Humphrey, Kret, Wilcox, Wood-5.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Kret and Wood.
Father Victor Bucher, Chapilain of the House, offered prayer.
Without objection, the reading of the Journal of Thursday, July 27,
196,1, was dispensed with, and approved as written.
BILLS AND OTHER BUSINESS FROM THE SENATE
Messages from the Senate by Louise C. Brimhall, its secretary, were
read:
TWELFTH DAY
FRIDAY, JULY 28, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSJ:ON 35
HOUSE BILL 1, passed by a vote of 24 ayes, 4 nays, with
the :following amendments:
After the enacting clause insert:
"Section 1. Sec. 4-101, Arizona Revised Statutes,
is amended to read:
"4-101. Definitions
"In this title, unless the context otherwise re­quires:
"1. 'Beer' means any beverage obtained by the
alcoholic fermentation, infusfon or decoction of
barley malt, hops, or other ingredients not drink­able,
or any combination of them.
"2. 'Broken package' means any container of
spirituous liquor on which the United States tax
seal has been broken or removed, or from which
the cap, cork or seal placed thereupon by the
manufacturer has been removed.
"3. 'Club' includes any of the following organ­izations
where the sale of spirituous, liquor for
consumption on the ;premises is made to members
only:
"(a) A post, chapter, camp or other local unit
composed solely of veterans and its duly recog­nized
auxiliary, and which is a post, chapter,
camp or other local unit composed solely of vet­erans
which has been chartered by the Congress
of the United States for patriotic, fraternal or
benevolent pur1pioses, and which has, as the owner,
lessee or occupant, operated an establishment for
that purpose in this .state.
"(b) A chapter, aerie, parlor, lodge or other
local unit of an American national fraternal or­ganization
which has as the owner, lessee or oc­cupant
operated an establishment for fraternal
purposes in this state. An American national >fra­ternal
organization as used in this subdivision
shall actively o[Perate in not less than thirty-six
states or have been in active continuous exist-
,ence for not less than twenty years. · ·
'" (c) A hall or building association of such a
local unit mentioned in subdivisions (a) and (b),
all of the capital stock of which is owned by the
local unit or the members, and which operates
the club room facilities, of the local unit.
"(d) A golf club which has more than fifty bona
fide members which owns, maintains m: operates
a bona fide golf links together with a club house.
TWELFTH DAY
FRIDAY, .JULY 28, 1961
36 HOUSE JOURNA~FIRST SPECIAL SESSION
"(e) A social club with more than one hundred
bona fide members who are actual residents of
the county in which it is located, which owns,
maintains or operates club quarters, and which
is authorized and incorporated to operate as a
nonprofit club under the laws of this state, and
has been continuously incorporated and operat­ing
fm a period of not less than one year. The
club shall have had, during such period of one
year, a bona fide membershiJpi with regular meet­ings
conducted at least once each month, and the
membership shall be and shall have be.en actively
engaged in carrying out the objects of the club.
The club's membership shall consist of bona fide
dues-paying members paying at least six dollars
per year, payable monthly, quarterly or annu­ally,
which have been recorded by the secretary
of the club, and the members at the time of ap­plication
for a club license shall be in good stand­ing
having for at least one full year paid dues.
At least fifty-one per cent of the members shall
have signified their intention to secure a social
club license by personally signing a p1etition, on
a form prescribed by the superintendent, which
shall also include the correct mailing address o!f
each signer. The petition shall not have been
signed by a member at a date earlier than thirty
days prior to the filing of the petition. The club
shall qualify for exemption from the payment
of state income taxes under the provision of title
43, it being the intent of this paragraph that a
license shall not be granted to a club which is,
or has been, wimarily formed or activated to
obtain a license to sell liquor, but solely to a bona
fide club, where the sale of liquor is incidental
to the main purposes of the club.
"4. 'Company' or 'association', when used in ref­erence
to a corporation, includes successors ocr
assigns.
"5. 'Election days' means the biennial primary
election for the nomination of United States,
state, county and precinct officers, a special elec­tion
called pursuant to Section 1, Article 21 of
the Constitution, and the biennial general eleo­tton.
"6. 'Off-sale retailer' means any person operat­ing
a bona fide regularly established retail liq­uor
store selling spirituous liquors, wines and
beer, and any established retail store selling com­modities
other than spirituous liquors and engaged
in the sale of spirituous liquors only in the orig­inal
package, to be taken away from the premises
TWELFTH DAY
FRIDAY, JULY 28, 1961
HOUSE JOURNAL-FIRST SPECTAL SESSION 37
of the retailer and to be consumed off the prem­ises.
"7. 'On-sale retailer' means any person operat­ing
an establishment where spirituous liquors are
sold in the original container for consumption on
or off the premises and in individual portions for
consumption on the 1premises.
"8. 'Person' includes partnership, association,
company or corporation, as well as a natural per­son.
"9. 'Sell' includes soliciting or receiving an or­der
for, keeping or exposing for sale, delivering
for value, peddling, keeping with intent to sell
and trafficking in.
"10. 'Spirituous liquor' includes alcohol, brandy,
whiskey, rum, tequila, mescal, gin, wine, porter,
ale, beer, any malt liquor, malt beverage, ab­sinthe
or compound or mixture of any of them,
or of any of them with any vegetable or other
substance, alcohol bitters, bitters containing al­cohol,
and any liquid mixture or preparation,
whether patented or otherwise, which produces
intoxication, fruits preserved in ardent spirits,
and beverages, containing more than one-half of
one percent of alcohol by volume.
"11. 'Vehicle' means any means of transporta­tion
by land, water or air, and includes every­thing
made use of in any way for such trans­portation.
"12. 'Veteran' means a person who has. served
in the United States army, navy, marine corps,
revenue marine service, as an active nurse in
the services of the American Red Cross, in the
army and navy nurse corps in time of war, or
in any expedition of the armed forces of the
United States, and has received a discharge other
than dishonorable.
"13. 'Wine' means the product obtained by the
fermentation of grapes or other agricultural
products containing natural or added sugar or
any such alcoholic beverage fortified with grape
brandy and containing not more than twenty­four
percent of alcohol by volume.".
Renumber following sections to conform.
Page 1, line 21, strike "To grant" and insert
"Grant".
Page 2, line 7, after "document" insert "which
document shall be".
TWELFTH DAY
FRIDAY, .JULY 28, 1961
38 HOUES JOURNAL-FIRST SPECIAL SESSION
Page 2, line 14, strike "eight thousand four hun­dred"
and insert "nine thousand six hundred".
Page 4, line 27, after "felony" strike the period
and insert "involving moral turpitude. No cor­poration
shall have its annual license issued or
renewed unless it has on file with the superin­tendent
a list of its officers and directors and any
stockholders who own ten percent or more of the
corporation. No corporation shall have its spir­ituous
liquor license issued or renewed if any
of its officers or directors or any stockholders
who own ten percent or more of the corporation
have within five years been convicted of a fel­ony
involving moral turpitude.".
Page 6, line 4, strike ", upon termination of the
lease," and on the last line of the subsection after
"lessor" strike the period and insert "upon ex­piration
of the lease, or upon any termination of
the lease, or by December 31, 1966, whichever is
sooner.".
Pages 8 and 9, strike Subsections A, B, C and D
and insert:
"A. The total number of spirituous liquor li­censes
issued within a single county for on-sale
retailers' licenses providing for consumption on
the premises of all spirituous liquors shall not
exceed:
"1. One license for each one thousand inhab­itants
for the first twenty-four thousand inhab-,
itants within the county, and in addition
''2. One license for each two thousand inhabit­ants
for the population within the county from
twenty-five thousand through one hundred
thousand inhabitants, and in addition
"3. One license for each two thousand five hun­dred
inhabitants for the population within the
county from one htmdred one thousand inhabit­ants.
"B. The total number of spirituous liquor li­censes
issued within a single county for on-sale
retailers' licenses providing for consumption on
the premises of beer and wine shall not exceed
one license for each five hundred inhabitants,
including licenses permitting the sale of beer and
wine as provided in Subsection A.
"C. The total number of spirituous liquor li­cel}
ses issued within a single county for off-sale
retailers' licenses providing for the sale of spir­ituous
liquors, wines and beer only in the orig.c.
TWELFTH DAY
FRIDAY, JULY 28, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 39
inal packages to be taken from and consumed 0 1ff
the premises shall not exceed:
"l. One license for each one thousand inhabit­ants
for the first twenty-four thousand inhabit­ants
within the county, and in addition
"2. One license for each two thousand inhab­itants
for the population within the county from
twenty-five thousand through one hundred thou­sand
inhabitants, and in addition
"3. One license for each two thousand five hun­dred
inhabitants for the population within the
county from one hundred one thousand inhabit­ants.
"D. Club licenses, hotel, motel or restaurant li­censes
issued pursuant to Section 4-2,05.01, and
any license issued to a lessee pursuant to Section
4-212 shall not be considered in determining the
legal number of licenses permitted in any county.
"E. The population of a county shall be deemed
to be the population as last determined by the
bureau of the census, less the number of Indian
wards of the United States residing therein, as
shown by the census.
"F. Subsections A, B, and C shall not be con­strued
to prevent any licensee holding a valid
license on March 30, 1950, or his transferee, from
continuing the licensed business or from renew­ing
his license, subject to compliance with the
provisions of law and the rules and regulations
of the superintendent, regardless of the fact that
the continuance or renewal may result in there
being outstanding, in any county, licenses in ex­cess
of the number provided in Subsections A,
Band C.".
Reletter following subsection to conform.
Page 10, line 4, after "licenses" strike "issued and
in effect" and insert "permitted to be issued as
provided by the terms of this Section.".
Page 11, lines 2 and 3, strike "one hundred" and
insert "twenty-five".
Page 12, after line 12, strike balance of page and
insert:
"l. Distiller's license, three hundred 'fifty dol­lars.
"2. Brewer's license, three hundred fifty dollars.
"3. Winer's license, one hundred fifty dollars.
TWELFTH DAY
FRIDAY, JULY 28, 1961
40 HOUSE JOURNAL-FIRST SPECIAL SESSION
"4. Wholesaler's license to sell all spirituous
liquors, two hundred fifty dollars.
"5. Wholesaler's license to sell wine and beer,
one hundred dollars.
"6. On-sale retailer's license to sell all spirit­uous
liquors by individual portions and in the
original containers, one hundred fifty dollars.
"7. On-sale retailer's license to sell wine and
beer by individual portions and in the original
containers, seventy-five dollars.
"8. On-sale retailer's license to sell beer by in­dividual
portions and in the original containers,
twenty-five dollars.
"9. Off-sale retailer's license to sell all spir­ituous
liquors, fifty dollars.
"10. Off-sale retailer's license to sell wine and
beer, fifty dollars.
"11. Off-sale retailer's license to sell beer,
twenty-five dollars.".
Page 13, line 4, after "railroad company" strike
"four hundred fifty" and insert "two hundred
twenty-five".
Page 13, line 8, strike "four hundred fifty" and
insert "two hundred twenty-five".
Page 13, line 10, after "on-sale" strike "three
hundred" and insert "one hundred fifty".
Page 13, line 14, after "motel," strike "one thou­sand"
and insert "five hundred".
Page 13, line 17, after "restaurant," strike "one
thousand" and insert "five hundred".
Page 13, strike line 25 and balance of page and
insert:
"l. Distiller's license, three hundred fifty dol­lars.
"2. Brewer's license, three hundred fifty dollars.
"3. Winer's license, one hundred fifty dollars.
"4. Wholesaler's license to sell all spirituous
liquors, two hundred fifty dollars.
"5. Wholesaler's license to sell wine and beer,
one hundred dollars.
"6. On-sale retailer's license to sell all spir­ituous
liquors by individual ,portions and in the
original containers, one hundred fifty dollars.".
TWELFTH DAY
FRIDAY, JULY 28, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 41
Page 14, strike lines 1 to 19 inclusive, and insert:
"7. On-sale retailer's license to sell wine and
beer by individual portions and in the original
containers, seventy-five dollars.
"8. On-sale retailer's license to sell beer by
individual portions and in the original contain­ers,
twenty-five dollars.
"9. Off-sale retailer's license to sell all spirit­ous
liquors, 'fifty dollars.
"10. Off-sale retailer's license to sell wine and
beer, fifty dollars.
"11. Off-sale retailer's license to sell beer, twen­ty-
five dollars.
"12. Railroad license issued in the name of an
operating railroad company to sell all spirituous
liquors in individual portions or in the original
containers on ,all passenger trains operated by
the railroad company, two hundred twenty-five
dollars.
"13. Airline license issued in the name of an
operating airline company to sell or serve spir­ituous
liquors solely in individual portions on
all passenger planes operated by the airline com­pany,
two hundred twenty-five dollars.".
Page 15, line 22, strike "expired".
Page 15, line 23, strike "expiration" and insert
"reversion" and after "lease" insert "as provided
in Section 4-203, Subsection E".
Strike the title and insert:
"Relating to alcoholic beverages; amending Sec­tions
4-101, 4-112, 4-201, 4-202, 4-203, 4-206, 4-207,
4-209, and 4-210, Arizona Revised Statutes, and
amending Title 4, Chapter 2, Article 1, Arizona
Revised Statutes, by adding Sections 4-205.01,
4-205.02 and 4-211.".
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
do not concur in the Senate amendments to House Bill 1, and that a
House Free Conference Committee be al)),pointed to meet with a like
committee from the Senate in the matter of disagreement to Senate
amendments to House Bill 1. Carried, and Speaker Cook appointed
Members Stephens, Cook (Pima), Webster, Hutto and Smith.
SENATE BILL 3, passed by a vote of 28 ayes.
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the first time
by number and title:
TWELFTH DAY
FRIDAY, JULY 28, 1961
42 HOUSE JOURNAL-FIRST SPECIAL SE!SSION
SENATE BILL 3, An Act, relating to alcoholic beverages; prescribing
fees, and amending Section 4-209, Arizona Revised Statutes.
Motion by Mr. Stephens, seconded by Mr. Ensworth, that the rules be
suspended, an emergency declared, and that Senate Bill 3 be placed
under the Order of Business, Second Reading of Bills, for today.
Carried by a two-thirds vote of all members elected to the House.
SECOND READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the second
time by number and title:
SENATE BILL 3, amending laws to regulate the issuance and trans­fer
of sipirituous liquor licenses. Referred to Committees on Judici­ary,
and State Government.
PERSONAL PRIVILEGE
Mr. Haugh addressed the House concerning the Conference
Committee on House Bill 1.
At 10: 16 A.M., the House stood at recess, subject to the call of the
gavel.
At 11: 30 A.M., Speaker Cook called the House to order.
At 11: 30 A.M., the Sergeant at Arms announced the seating of Mr.
Humphrey.
Without objection, the House referred to the Order of Business:
BILLS AND OTHER BUSINESS FROM THE SENATE
A message from the Senate by Louise C. Brimhall, its secretary, was
read:
HOUSE BILL 1, acceded to House request and appointed
Senate Free Conferees Giss, Simms, Wine, Corbett and
Morrow.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned until 10: 00 A.M., Monday, July 31, 1961. Carried at
11:32 A.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRST' SPECIAL SESSION 43
FIFTEENTH DAY
MONDAY, JULY 31, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, Elfot, Elliott, Ellis, EUsworth, Eubank, Fridena, Gilbert, Glancy,
Gray, Hathaway, Haugh, Hawkins, Mede Hays, Priscilla Hays, Hig­gins,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, Klauer,
Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Steipihens, Stump, Thode, Toscano, T'raficanti, Van Dyke, Varn, Vip­perman,
Walker, Webster, Wessler, Ybarra, Speaker Cook-76.
EXCUSED: Holmes, King, Wilcox, Wood,--4.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mr.
Wood.
Father Victor Bucher, Chaplain of the House, offered prayer.
The Pledge of Allegiance to the Flag of the United States, w:as led
by Mrs. Enis.
Without objection, the reading of the Journal of Friday, July 28,
1961, was dispensed with, and approved as written.
Privileges of the floor were extended to Mr. Jack Schrade, Member
of the California Legislature.
REPORTS OF STANDING COMMITTEES
The following standing committee reports were read:
County Affairs, Bill Stephens, Chairman.
HOUSE BILL 4, returned for consideration of the House.
State Government, E .. B. Thode, Chairman.
SENATE, BILL 3, returned for consideration of the House.
HOUSE BILL 4, returned for consideration of the House.
At 10: 12 A.M., the House stood at recess, subject to the call of the
gavel.
AFTERNOON SESSION
At 4: 30 P.M., the House resumed session, Speaker Cook presiding.
At 4: 30 P.M., the Sergeant at Arms announced the seating of Members
Holmes and King.
FIFTEENTH.DAY
MONDAY, JULY 31, 1961
44 HOUSE JOURNAL-FIRST SPECIAL SESSION
Without objection, the House referred to the Order of Business:
REPORTS OF STANDING COMMITTEES
The following standing committee reports were read:
Judiciary, L. Alton Riggs, Chairman.
HOUSE BILL 4,
Majority: constitutional and in proper form.
CLARA OSBORNE BOTZUM,
ETTA MAE HUTCHESON,
RAY MARTIN,
JAMES S. SHREEVE,
JOHN WOOD,
M. 0. LINDNER,
LOUIS B. ELLSWORTH, JR,
ROBERT L. KLAUER,
GENE B. McCLELLAN,
THOMAS D. FRlDENA,
DON REESE,
L. ALTON RLGGS,
Chairman.
Minority; not constitutional and not in proper form.
NELSON D. BRAYTON,
DAVID G. HAWKINS,
RALPH W. KOCH.
Public Health, Nelson D. Brayton, Chairman.
HOUSE BILL 4, returned for consideration of the House.
REPORTS OF SELECT COMMITTEES
The Free Joint Conference Committee on House Bill 1 reported:
Your Free Joint Conference Committee on House Bill 1,
amending laws to regulate the issuance and transfer of
spirituous liquor licenses, respectfully recommends:
(Senate engrossed bill)
That the Senate amendments to House Bill 1 be accepted
with further amendments as follows:
Page 8, first line of subsection D, after "issued"
insert "or renewed".
Page 10, sixth line from top of page, strike "1966"
and insert "1963".
Page 15, second and third lines from top of page,
after "licenses", strike "pe,rmitted to be issued
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRS,T SPECIAL SESSION 45
as provided. by the terms of this section" and in­sert
"issued and in effect".
Page 16, third and fourth lines from top of page,
after "shall be" strike "twenty-five" and insert
"fifty".
Page 17, second line of paragraph 4, subsection
D, strike the period and insert:
"and, commencing January 1, 19·63, an. additional
amount equal to one per cent of the gross sales
of spirituous liquors made by such wholesaler
during the calendar year 1962, and each year
thereafter, such additional amount to be based
on the groS& sales of spirituous liquors made by
such wholesaler during the calendar year. im­mediately
preceding.".
Page 17, second line of paragraph 5 of subsection
D, strike the period and insert:
"and, commencing January 1, 1963,. an additional
amount equal to one per cent of the gross sales
of spirituous liquors made by such wholesaler
during the calendar year 1962, and each year
thereafter, such additional amount to be based on
the gross sales of spirituous liquo,rs made by such
wholesaler during the calendar year immedi­ately
preceding.".
Page 19, subsection F:
Paragraph 1, strike "three hundred fifty" and
insert "five hundred".
Paragraph 2, strike "three hundred fifty'; ari.d
insert "five hundred".
Paragraph 3, strike "one hundred fifty" and in­sert
'.'three hundred".
Paragraph 4, strike "two hundred fifty" and in­sert
"five hundred" .
. Paragraph 5, strike "one hundred" and insert
"two hundred". ·
Paragraph 6, strike "one hundred fifty" and in-sert
"three hundred". .
Paragraph 7, strike "seventy-five" and insert
"one· hundred fifty".
Paragraph 8, strike "twenty-five" and insert
"fifty".
Paragraph 9,. strike "tifty''. and lll$ert "one hui::i­dred".
FIFTEENTH DAY
MONDAY, JULY 31, 1961
46 HOUSE JOURNAL-FIRST SPECIAL SESSION
Paragraph 10, strike "fifty" and insert "one hun­dred".
Paragraph 11, strike "twenty-five" and insert
"fifty".
Paragraph 12, last line, strike "two hundred
twenty-five" and insert "four hundred fifty".
Paragraph 13, last line, strike "two hundred
twenty-five" and insert "four hundred fifty".
Page 21, Section 4-2,11, strike all of subsection A
and insert:
"A. Upon the reversion of a license as pro­vided
in section 4-203, subsection E, the super­intendent
shall issue to the lessee from whom the
license reverted a license of the same class as
that which reverted, provided such lessee makes
application within six months from the date of
reversion for such license in accordance with
section 4-201.".
SENATE CONFEREES:
HAROLD C. GISS,
Chairman.
DAVID S. WINE,
M. L. SIMMS,
H. S. CORBETT,
ROBERT K MORROW.
HOUSE; CONFEREES:
BILL STEPHENS,
Chairman.
ROBERT' H. HUTTO,
FREDERICKS. SMITH,
THOMAS C. WEBSTER,
HAROLD L. COOK.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
adopt the report of the Free Joint Conference Committee on House
Bill 1. Carried by the following vote:
AYES: Austin, Botzum, Brayton, Burgess, Carreon, Carson, Cook,
Dalton, Dover, Elias, Eliot, Ellis, Ellsworth, Fridena, Glancy, Gray,
Hathaway, Haugh, Merle Hays, Holmes, Holsclaw, Hoopes, Hutcheson,
Hutto, Jordan, King, Klauer, Larson, Lindner, Lines, McClellan, Mar­tin,
Miller, Moody, George Peck, Pugh, Rowland, Ryan, Schellenberg,
Scudder, Shreeve, Smith, Stephens, Stump, Thode, Toscano, Vipper­man,
Walker, Webster, Ybarra, Speaker Cook-51.
NAYS: Barkley, Berry, Brewer, Burson, DeWitt, Elliott, Eubank,
Gilbert, Hawkins, Priscilla Hays, Higgins, Humphrey, Knoles, Koch,
Kret, Ruth Peck, Porter, Reese, Rhodes, Riggs, Rosenbaum, Traficanti,
Van Dyke, Varn, Wessler, Wood-26.
NOT VOTING: Biles, Crane, Wilcox-3.
At 5: 18 P.M., the House stood at recess, subject to the call of the
gavel.
At 6: 25 P.M., Speaker Cook called the House to order.
Without objection, the House referred to the Order of Business:
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 47
BUSINESS ON THE SPEAKER'S DESK
A communication from the Governor, Paul Fannin, on approval of the
following bill, was read and filed:
SENATE CONCURRENT MEMORIAL NO. l, signed July
28, 1961.
BILLS AND OTHER BUSINESS FROM THE SENATE
A message from the Senate by Louise C. Brimhall, its secretary, was
read:
HOUSE BILL 1, adopted report of Free Joint Conference
Committee.
FINAL PASSAGE
The following bill, as amended by the Free Joint Conference Com­mittee,
was read the final time in full:
HOUSE BILL l, entitled, An Act, relating to alcoholic beverages;
amending Sections 4-101, 4-112, 4-201, 4-202, 4-203, 4-206, 4-207,
4-209, and 4-210, Arizona Revised Statutes, and amending T'itle 4,
Chapter 2, Article l, Arizona Revised Statutes, by adding Sections
4-205.01, 4-205.02 and 4-211.
On roll call HOUSE, BILL 1 passed the House by the following vote:
AYES: Austin, Biles, Botzum, Brayton, Burgess, Carreon, Carson,
Cook, Dalton, Dover, Elias, Eliot, Ellis, EUsworth, F'ridena, Glancy,
Gray, Hathaway, Haugh, Merle Hays, Holmes, Holsclaw, Hoopes,
Hutcheson, Hutto, Jordan, King, Klauer, Knoles, Lindner, Lines,
McClellan, Martin, Miller, Moody, George Peck, Pugh, Rosenbaum,
Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith, Stephens,
Stump, Thode, Toscano, Vipperman, Walker, Webster, Wessler, Ybarra,
Speaker Cook-54.
NAYS: Barkley, Berry, Brewer, Burson, DeWitt, Elliott, Eubank,
Gilbert, Hawkins, Priscilla Hays, Higgins, Humphrey, Koch, Kret,
Larson, Ruth Peck, Porter, Reese, Rhodes, Riggs, T'raficanti, Van Dyke,
Varn, Wood-24.
NOT VQITING: Crane, Wilcox-2.
The following Members asked that explanation of their votes be en­tered
in the Journal:
Not all things are perfect.
I should prefer to see a complete abolition of the quota
law, but I feel we have in essence, broken the back of the
quota system by removing licenses issued to hotels, motels
and restaurants from the system.
We have permitted non-users of alcohol to testify-a right
previously denied them.
We have ended the future leasing of licenses, and provided
for an end to leases now in existence.
FIFTEEN'l'H DAY
MONDAY, JULY 31, 1961
48 HOUSE JOURNAL-FIRST SPECIAL SESSION
We have raised fees-perhaps not enough, but we have
done so.
We have legalized corporation licenses. We have provided
more control at the local level.
Feeling that, overall, these things represent a step forward,
Mr. Speaker, I vote "AYE'".
ISABEL BURGESS.
This is the fifth year I have endeavored, in this House, to
get some legislative reform into the liquor laws of this
state. In the Twenty-fourth Legislature, in desperation at no
other action, I put an amendment on a bill to double fees
across the board. This failed to pass twice by one vote.
In the Twenty-fifth Legislature this spring, some of us used
all parliamentary methods without our knowledge to bring
out a general liquor bill for floor debate. We wanted to
reform the quota law, to end leasing of licenses and to give
greater jurisdiction over licenses to municipalities and local
control and to allow non-users to testify, also to raise fees
so that the liquor department is self supporting.
These broad objectives are in this bill. Although the bill
lacks much which I would like such as-a board of control
written into the law and a cut-off date on liquor leasing on
December 31, 1961, still I feel that this bill is one step for­ward
toward the type of liquor legislation I have wanted
to see adopted for a number of years.
Therefore I vote "AYE".
GERRY ELIOT.
The only protest I have regarding the insufficiency of this
bill is to vote "NO".
Our whole course of action has been determined by an
individual's opinion which is no more valid than any Mem­ber's.
It is obvious to me that these opinions were used as a
buffer to ,prevent good liquor laws from being enacted.
Creating motel licenses is scandalous and out of the Gov­ernor's
Call. Giving a license to a lessee whose lease is ex­piring
is outside the Governor's Call.
Making the leasing of liquor licenses legal is unmoral
and unjustified. The sanction of multiple use of licenses
is truly outside the Governor's Call. The refusal to per­mit
the inclusion of a liquor control board under the pre.­text
it did not come within the Call is shameful and a
·sham. Placing a limit on the salary of the liquor superin­tendent
does not come under the Governor's request.
By placing a tax on the wholesaler of liquor is outside the
Governor's instructions.
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 49
Mr. Speaker, there are so many flagrant violations, in this
bill I cannot support it.
I vote "NO".
JAMES A. ELLIOTT.
When I came to this special session on liquor reform, I
pledged myself to the people of my district that I would
do everything in my power to stop this trafficking in liquor.
This can be done only by lifting the quota system and by
cutting off the leasing of licenses as of December 31, 1961.
We have done neither of these things.
There are also other areas of the bill that I certainly can­not
concur in.
I regret that I must vote "NO" on this bill.
RUTH PEICK.
House Bill 1 was signed in open session by Speaker Cook.
During roll call on the final passage of House Bill 1, a point of order
was raised and was decided as follows:
Mr. Brewer questioned the right of certain Members to vote, under
the provisions of House Rule 25, on House Bill 1 relating to alcoholic
beverages, and asked for a ruling from the Chair.
Mr. Speaker ruled that he did not feel it was, within his power to
deprive a Member of the House of his constitutional right to vote and
felt that the Member himself should determine this question. He ex­plained
that often lawmakers are called upon to vote on measures
in some way affecting them.
Mr. Brewer appealed from the decision of the Chair.
On roll call the decision of the Chair was sustained by the following ~= :
AYES: Austin, Barkley, Biles, Botzum, Brayton, Burson, Carreon,
Carson, Cook, Dalton, DeWitt, Dover, Elias, Elliott, Ellis, EJ.lsworth,
Eubank, Fridena, Gilbert, Glancy, Gray, Hathaway, Merle Hays,
Holmes, Hoopes, Hutcheson, Hutto, Jordan, King, Klauer, Koch, Lind­ner,
Lines, McClellan, Martin, Miller, Moody, George Peck, Ruth Peck,
Pugh, Riggs, Rowland, Ryan, Scudder, Shreeve, Smith, Stephens,
Stump, Thode, T'oscano, Van Dyke, Vipperman, Walker, Webster,
Ybarra, Speaker Cook-56.
NAYS: Brewer, Burgess, Eliot, Haugh, Hawkins, Priscilla Hays,
Higgins, Humphrey, Knoles, Kret, Larson, Porter, Reese, Rosenbaum,
Schellenberg, Traficanti, Varn, Wessler, Wood-19.
NOT VOTING: Berry, Crane, Holsclaw, Rhodes, Wilcox-5.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess, subject to the call of the gavel. Carried at 7: 20 P.M.
At 7: 55 P.M., Speaker Cook called the House to order.
FIFTEENTH DAY
MONDAY, JULY 31, 1961
50 HOUSE JOURNAL-FIRST SPECIAL SESSION
Without objection, the House referred to the Order of Business:
BILLS AND OTHER BUSINESS FROM THE SENATE
A message from the Senate by Louise C. Brimhall, its secretary, was
read:
HOUSE BILL 1, passed on Final Passage, as per report of
the Free Joint Conference Committee, by a vote of 24 ayes,
2 nays, 2, not voting.
At 8: 00 P.M., the Sergeant at Arms announced a committee from the
Senate consisting of Senators Anderson, Bollinger and Kitchell, who
announced the Senate had completed its labors and was ready to
adjourn sine die.
Speaker Cook thanked the committee.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that a commit­tee
be appointed to notify the Senate that the House has completed
its labors and is ready to adjourn sine die, and to, meet with a like
committee from the Senate to wait upon the Governor to see if he
has any furthe,r message for the, Legislature. Carried, and Speaker
Cook appointed Members Hawkins, Rhodes and Brewer.
At 8: 08 P.M., the Sergeant at Arms announced the Senate of the State
of Arizona.
JOINT SESSION OF THE, SENATE AND 'HOUSE OF
REPRESENTATIVES OF THE, TWENTY-FIFTH
LEGISLATURE, FIRST SPECIAL SESSION
OF THE. STATE OF' ARIZONA
The Joint Session of the First Special Session of the Twenty-fifth
Legislature was called to order at 8: 09 P.M., by Senator Carpenter
of Gila County, President of the Senate.
A quorum of both Houses was present.
At 8: 10 P.M., the Joint Sine Die Adjournment Committee consisting
of Senators Anderson, Bollinger and Kitchell, Representatives Hawk­ins,
Rhodes and Brewer, returned escorting his Excellency, Paul J.
Fannin, Governor of Arizona.
The Governor addressed the House briefly.
At 8:24 P.M., the Governor was escorted from the House Chambers.
Without objection, at 8: 25 P.M., the Joint Session of the Legislature
was dissolved.
ATTEStr: LOUISE, C. BRIMHALL,
Secretary of the Senate.
RUBY H. SANDERS,
Chief Clerk of the House.
CLARENCE L. CARPENTER,
President of the Senate.
W. L. "TAY" COOK,
Speaker of the House.
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 51
At 8: 26 P.M., Speaker Cook called the House to order.
Speaker Cook announced the approval of the minutes of the Journal
of Monday July 31, 1961.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
do now adjourn sine die. Carried by unanimous vote, and at 8:27 P.M.,
Monday, July 31, 1961, the House of Representatives of the Twenty­fifth
Legislature, First Special Session, of the State of Arizona, so
adjourned.
ATTEST: RUBY H. SANDERS,
Chief Clerk O'f the House.
SUPPLEMENT
W. L. "TAY" COOK,
Speaker of the House.
The following communication was received from the Governor, Paul
Fannin, relative to his action on House and Senate Bills after the
adjournment sine die.
On August 7, 1961, the Governor approved the following:
HOUSE BILL 1, amending laws to regulate the issuance
and transfer of spirituous liquor licenses.
,,
INDEX & TABLES
INDEX AND TABLES
COMPOSED OF THE FOLLOWING
Journal
Page No.
PART I Bills enacted into law-------------------------------------------------------------- 57
PART II House bills ---------------------------------------------------------------------------------- 57
PART III Senate bills ----------------------------------------------------------------------- ________ 58
PART IV Senate memorials---------------------------------------------------------------------- 59
PART V General index ---------------------------------------------------------------------------- 60
INDEX TO HOUSE JOURNAL
PART I
HOUSE OF REPRESENTATIVES
BILLS ENACTED INTO LAW-1961
TWENTY-FIFTH LEGISLATURE, FIRST SPECIAL SESSION
57
Chap. Bill
No. No. Brief Title
E:ffective
Date
1 SB 1 amending laws to regulate the acquisition, use
and possession of narcotics 10/30/61
2 HB l amending laws to regulate the issuance and
transfer of spirituous liquor licenses 10/30/61
PART II
HISTORY OF HOUSE BILLS
Journal
Page No.
HOUSE BILL 1, by Members Stephens, Holmes, Hutto, Riggs,
Vipperman of Maricopa; Scudder of Coconino; Cook,
Webster of Pima; Smith of Pinal; Klauer of Yuma;
amending laws to regulate the issuance and transfer of
spirituous liquor licenses.
7-18 First Reading ...................................................................................... 11, 12
7-19 Second Reading, rules suspended................................................ 14
7-19 Committee of Whole-reported progress.................................... 14
7-20 Committee of Whole-reported progress.................................... 16
7-21 Committee of Whole-amended do pass ............................ 18, 20-22
7-21 To amend Committee of Whole recommendation, lost 31
ayes, 45 nays 4 not voting ........................................................ 22, 23
7-21 Other action........................................................................................ 20
7-21 Administration engrossed................................................................ 23
7-21 Third Reading, passed without enacting emergency 46
ayes, 32 nays, 2 not voting................................................ 23
7-28 Senate, passed amended 24 ayes, 4 nays .................................... 34-41
7-28 House refused to concur in Senate amendments, appointed
Free Conferees-Stephens, Cook (Pima), Webster,
Hutto, Smith................................................................................ 41
7-28 Senate appointed Free Conferees-Giss, Simms, Wine,
Corbett, Morrow........................................................................ 42
7-31 House adopted conference report, 51 ayes, 26 nays, 3
not voting .................................................................................... 44:..46
7-31 Senate adopted conference report................................................ 47
7-31 House Final Passage, 54 ayes, 24 nays 2 not voting................ 47
7-31 Senate Final Passage, 24 ayes, 2 nays, 2 not voting................ 50
8-7 Governor approved.......................................................................... 51
Chapter No. 2.
HOUSE BILL 2, co-sponsored by Members Stephens, Higgins of
Maricopa; amending laws to regulate the acquisition, use
and possession of narcotics.
7-18 First Reading .............................................. ,....................................... 12
7-19 Second ~eading, referred to Committees on Judiciary;
Public Health; State Government; County Affairs........ 14
Held in committees.
58 INDEX TO HOUSE JOURNAL
Journal
Page No.
HOUSE BILL 3, by Mr. Toscano of Maricopa; amending laws to
regulate the issuance and transfer of spirituous liquor
licenses.-
7-18 First Reading ............ ·-············--·---·--······----------------------------·-----···:_______ 12
7-19 Second Reading, referred to Committees on Judiciary;
Banking, Insurance and Corporations; County Affairs;
State Government .... ·-··--------·-·-·-------~--------·········-···--------:_________ 14
7-27 Banking, Insurance and Co:r,porations-returned for con-sideration
of the House.·-----------·---------------···-··········--------------··· 33
7-27 County Affairs-returned for consideration of the House-... 33
7-27 State Government--returned for consideration of the House 33
Held in committee.
HOUSE BILL 4, by Mr. Toscano of Maricopa; prescribing penal­ties
for illegal sale of narcotic drugs.
7 -18 First Reading_·-·····------······--------·····-----·----·--···---·------·--·-·--··------·------·--- 12
7-19 Second Reading, referred to Committees on Judiciary;
Public Health; County Affairs; State Government _ ... ___ 14
7-31 Public Health-returned for consideration of the House .. ·----· 44
7-31 County Affairs-returned for consideration of the House____ 43
7-31 State Government--returned for consideration of the House 43
7-31 Judiciary:
Majority-constitutional and proper form
Minority-unconstitutional and not in proper form ____ .___ 44
Held on House calendar.
HOUSE BILL 5, by Members Haugh, Hawkins, Holsclaw, Trafi­canti,
Varn, Wessler of Pima; Elliott, Gilbert of Cochise;
Knoles of Coconino; Barkley, Brewer, Burgess, Burson,
Eliot, Eubank, Priscilla Hays, Higgins, Humphrey, Koch,
Kret, Ruth Peck, Porter, Reese, Rhodes, Schellenberg, Wil­cox,
Wood, Van Dyke of Maricopa; Larson of Navajo;
Moody of Pinal; amending laws to regulate the issuance
and transfer of spirituous liquor licenses.
7-19 First Reading .... --------------------------------------······-------------------···--------------·· 13
7-20 Second Reading, rules suspended--<placed on calendar of
the Committee of the Whole __________ ··----------------------------------- 16
Held on House calendar.
PART Ill
HISTORY OF SENATE BILLS
SENATE BILL l, by Senators Prochnow of Coconino; Wine of
Pima; Palmer of Yavapai; Haldiman of Maricopa, Blansett
of Navajo; Bennett of Santa Cruz; Giss of Yuma; amending
laws to regulate the acquisition, use and possession of nar-
7-21
7-21
7-21
cotics.
Received from Senate, 27 ayes, 1 not voting ________________________ ,__ 17
First Reading, rules suspended_______________________________________________ ____ 18
Second Reading, referred to Committees on Judiciary;
Public Health; State Government_________________________________ 18
7-25 Public Health-do pass----··-··------··--·····--------------·-·-·-····-----·-------------- 28
7-25 State Government-do pass---------------------------------·--,----------------------- 28
7-25 Judiciary-constitutional and proper form _______ ·---·-----------·····-- 28
7-25 Rules report __ ·----------·,·----·-----···--------··----·-----------------------··----------··-···-- 29
7-25 Committee of· Whole-do pass--···--·-·------------------·--·-----------------···-- 29
7-25 Third Reading, passed 78 ayes, 2 not voting ___________________________ 29, 30
INDEX TO HOUSE JOURNAL 59
Journal
Page No.
7-27 Governor approved.......................................................................... 34
Chapter No. 1.
SENATE BILL 2, by Senator Morrow of Mohave; appropriation
to department of liquor licenses and control for enforce­ment
oif narcotic drug laws.
Not received by House.
SENATE BILL 3, by Senators Giss of Yuma; Corbett, Wine of
Pima; Morrow of Mohave; Michelena of Santa Cruz; Simms
of Greenlee; Arnold of Pinal; amending laws to regulate
the issuance and transfer of spirituous liquor licenses.
7-28 Received from Senate, 28 ayes...................................................... 41
7-28 First Reading, rules suspended .................................................... 41, 42
7-28 Second Reading, referred to Committees on Judiciary;
State Government.................................................................... 42
7-31 State Government-returned for consideration o'f the House 43
Held in committee.
PART IV
HISTORY OF SENATE MEMORIALS
SENATE CONCURRENT MEMORIAL 1, by Senators Wine of
Pima; Prochnow of Coconino; Giss of Yuma; Blansett of
Navajo; Haldiman of Maricopa; Palmer of Yavapai; Bennett
of Santa Cruz; requesting congress undertake research re­lating
to narcotic drug addiction and methods of treating
7-21
7-21
7-21
addicts.
Received from Senate, 23 ayes, 1 nay, 4 not voting................ 19
First Reading, rules suspended.................................................... 19
Second Reading, referred to Committees on Judiciary;
Public Health; State Government........................................ 19
7-25 Public Health-do pass.................................................................... 28
7-25 State Government-do pass.......................................................... 29
7-25 Judiciary-constitutional and proper form................................ 28
7-25 Rules: report......................................................................................... 29
7-2.5 Committee of Whole-do pass ............... :, ................ a •••••••••••••••• ~..... 29
7-25 Third Reading, passed 77 ayes, 3 not voting ........ s ••••••••••••••••••• 30, 31
7-31 Governor approved ........ , ........................................... :..................... 47
SENATE JOINT MEMORIAL 1, by Senators Prochnow of Coco­nino;
Wine of Pima; Palmer of Yavapai; Haldiman of
Maricopa; Blansett of Navajo; Giss of Yuma; Bennett of
Santa Cruz; requesting more rigid inspection at border
stations to prevent illegal importation of narcotics.
7-21 Received from Senate, 23 ayes, 5 not voting............................ 19
7-21 First Reading, rules suspended ............... , ................................ :..... 19
7-21 Second Reading, referred to Committees on Judiciary;
Public Health; State Government........................................ 19
7-25 Public Health-do pass.................................................................. 28
7-25 State Government-do pass............................................................ 29
7-25 Judiciary-constitutional and proper form................................ 28
7-25 Rules report ................................................................... :~.,................. 29
7-25 Committee of Whole-do pass ............... :...................................... 29
7:.;25 Third. Reading,. passed 78 ayes, 2.not voting................................ 31
7-27 Governor approved.......................................................................... 34
60 INDEX TO HOUSE JOUFNAL
Adjournment Sine Die:
PART V
GENERAL INDEX
A
Journal
Page No.
House Committee............................................................................ 50
Senate Committee............................................................................ 50
adjournment...................................................................................... 51
Administration Committee:
appointment of attaches................................................................ 8-10
Alcoholic beverage (see Liquor)
Attaches:
appointment...................................................................................... 8-10
B
BARKLEY, W. B.:
bill introduced by (jointly), No. 5
BREWER, ROBERT:
bill introduced by (jointly), No. 5
requested ruling on member's right to vote on certain bills,
appealed decision of chair, decision upheld.................... 49
BURGESS, ISABEL:
bill introduced by (jointly), No. 5
explanation of vote on
HB 1. ......................................................................................... 47, 48
BURSON, ELMER T.:
bill introduced by (jointly), No. 5
explanation of vote on
HB 1.......................................................................................... 24
C
Chaplains:
Reverend Raymond C. Acheson
Reverend Victor Bucher
Reverend L. J. Dunbar
Committee of the Whole:
Chairmen and date of
Robert R. Hathaway-July 19, 20, 21.. .................. 14, 16, 18, 20
Cecil D. Miller-July 25........................................................ 29
Conference Committees (report of):
HB 1 .................................................................................................... 44-46
Convening of House:
First Special Session........................................................................ 3
COOK, HAROLD L.:
bill introduced by (jointly), No. 1
personal privilege on
HB 1.......................................................................................... 25
COOK, W. L. "TAY" (see Speaker)
DeWITT, L. WALDO:
explanation of vote on
D
HB 1 ........................... ,............................................................. 24
INDEX TO HOUSE JOURNAL
E
ELIOT, GERALDINE F.:
61
Journal
Page No.
bill introduced by (jointly), No. 5
explanation of vote on
HB 1.......................................................................................... 48
ELLIOTT, JAMES A.:
bill introduced by (jointly), No. 5
explanation of vote on
HB 1.......................................................................................... 48, 49
EUBANK, GEORGE W.:
bill introduced by (jointly), No. 5
G
GILBERT, ANDREW J.:
bill introduced by (jointly), No. 5
GOVERNOR, (HONORABLE PAUL J. FANNIN):
proclamation calling first special session................................ 3, 4
messages of
convening legislature............................................................ 5-8
adjournment of legislature.................................................. 50
HATHAWAY, ROBERT R.:
personal privilege on
H
birthday of Milton Lines, oldest member in point of
service ............................................................................ 32
presided as chairman of Committee of Whole
July 19, 20, 21, 1961.. .............................................. 14, 16, 18, 20-22
ruling given while acting as chairman of Committee of
Whole-on voice vote of members.................................... 20
HAUGH, JOHN H.:
bill introduced by (jointly), No. 5
explanation of vote on
HB 1.......................................................................................... 24
personal privilege on
HB 1.......................................................................................... 25
HB 5.......................................................................................... 13
telephone calls at night concerning legislature............ 17
number of liquor licenses leased........................................ 28
conference committee on HB 1.......................................... 42
requested ruling from the chair on voice voting of members 20
HAWKINS, DAVID G.:
bill introduced by (jointly), No. 5
HAYS, PRISCILLA H.:
bill introduced by (jointly), No. 5
HIGGINS, F. A.:
bills introduced by (jointly), Nos. 2, 5
explanation of vote on
SB 1.......................................................................................... 30
personal privilege on
narcotics.................................................................................... 27, 28
HOLMES, J. D.:
bill introduced by (jointly), No. 1
62 INDEX TO HOUSE JOURNAL
HOLSCLAW, DOUGLASS.:
bill introduced by (jointly), No. 5
HUMPHREY, MARSHALL:
bill introduced by (jointly), No. 5
HUTTO, ROBERT H.:
bill introduced by (jointly), No. 1
J
Joint Sessions:
Journal
Page No.
on convening of legislature____________________________________________________________ 5-8
on closing of legislature__________________________________________________________________ 50
K
KLAUER, ROBERT L.:
bill introduced by (jointly), No. 1
KNOLES, THOS. M., JR.:
bill introduced by (jointly), No. 5
KOCH, RALPH W.:
bill introduced by (jointly), No. 5
KR.ET, DAVID B.:
bill introduced by (jointly), No. 5
personal privilege on
Arizona quota system for liquor licenses________________________ 11
L
LARSON, AUGUSTA T.:
bill introduced by (jointly), No. 5
personal privilege on
HE 1------------------------------------------------------------------------------------------ 25
LINES, MILTON:
birthday acknowlegement as oldest member in point of
service -------------------------------------------------------------------------------------- 32
Liquor, regulating the issuance and transfer of spirituous (HB 1,
liquor study committee; HE 3, Toscano; HE 5, minority
members)
Liquor, amending laws to regulate the issuance and transfer of
spirituous liquor licenses (SB 3)
M
MILLER, CECIL D.:
presided as chairman of Committee of Whole
July 25, 1961------------------------------------------------------------------------ 29
MOODY, CHARLES:
bill introduced by (jointly), No. 5
N
Narcotics, amending laws to regulate the acquisition, use and
possession of (HE 2, SB 1)
Narcotics, prescribing penalties for illegal sale of (HE 4)
Narcotics, appropriation to the department of liquor licenses and
control for enforcement of narcotic drug laws (SB 2)
INDEX TO HOUSE JOURNAL 63
Journal
Page No.
Narcotics, requesting more rigid inspection at border stations to
prevent illegal importation of (SJM 1)
Narcotics, requesting Congress undertake research relating to
narcotic drug addiction and methods of treating addicts
(SCM 1)
0
Organization Committees:
House.................................................................................................. 4
Senate ................................................................................................ 3
p
PECK, RUTH:
bill introduced by (jointly), No. 5
explanation of vote on
HB 1.......................................................................................... 49
Personal privilege remarks, denied insertion in Journal................ 26
PORTER, WM. S.:
bill introduced by (jointly) No. 5
explanation of vote on
HB 1 .......................................................................................... 24, 25
personal privilege on
HE 1.......................................................................................... 25
Privileges of floor extended to:
Mr. Jack Schrade, member of California legislature.............. 43
R
REESE, DON:
bill introduced by (jointly), No. 5
RHODES, T. C.:
bill introduced by (jointly), No. 5
RIGGS, L. ALTON:
bill introduced by (jointly), No. 1
Rulings of the Chair:
Mr. Hathaway, chairman of Committee of Whole
on voice voting of members............................................ 20
Speaker, on members right to vote on certain bills,
appeal from decision of chair, decision upheld............ 49
s
SCHELLENBERG, A. B.:
bill introduced by (jointly), No. 5
personal privilege on
recent junior college development.................................... 11
SCUDDER, HAROLD J.:
bill introduced by (jointly), No. 1
Sine Die:
House committee.............................................................................. 50
Senate committee.............................................................................. 50
adjournment...................................................................................... 51
SMITH, FREDERICK S.:
bill introduced by (jointly), No. 1
64 INDEX TO HOUSE JOURNAL
SPEAKER, (W. L. "TAY" COOK):
Journal
Page No.
ruling given on member's right to vote on certain bills,
appeal from decision of chair, decision upheld............ 49
STEPHENS, BILL:
bills introduced by (jointly), Nos. 1, 2
personal privilege on
HB 1.......................................................................................... 25
TOSCANO, MARTIN P.:
bills introduced by, Nos. 3, 4
TRAFICANTI, NICHOLAS:
T
bill introduced by (jointly), No. 5
V
VAN DYKE, DEREK:
bill introduced by (jointly), No. 5
VARN, DORIS:
bill introduced by (jointly), No. 5
VIPPERMAN, WM. F., JR.:
bill introduced by (jointly), No. 1
personal privilege on
HB 1.......................................................................................... 25
school legislation.................................................................... 33
w
WEBSTER, THOMAS C.:
bill introduced by (jointly), No. 1
WESSLER, ALVIN:
bill introduced by (jointly), No. 5
WILCOX, ROBERT C.:
bill introduced by (jointly), No. 5
explanation of vote on
HB 1.......................................................................................... 25
WOOD, JOHN:
bill introduced by (jointly), No. 5
explanation of vote on
HB 1.......................................................................................... 25
---
JOURNAL
OF THE
HOUSE OF
REPRESENTATIVES
TVVENTY / FIFTH
LEGISLATURE
SECOND REGULAR SESSION
OF THE
ST A TE OF ARIZONA
--1962--
SESSION CONVENED - JANUARY 8, 1962
SESSION ADJOURNED SINE DIE - 7: 59 P.M.
MARCH 22, 1962
SIMS PRINTING COMPANY
Phoenix, Arizona
HOUSE JOURNAL
of the
TWENTY-FIFTH LEGISLATURE
FIRST DAY
MONDAY, JANUARY 8, 1962
NOON SESSION
The second Monday in January being the date prescribed by the Con­stitution
of Arizona for the annual meeting of the Legislature, the
Second Regular Session of the Twenty-fifth Legislature convened
this day.
The House assembled in its Chambers at 12 o'clock noon.
The Speaker, W. L. "Tay" Cook O'f Cochise County, called the House
to order.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, Eliot, Elliott, Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy,
Gray, Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Hig­gins,
Holmes, Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan,
King, Klauer, Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan,
Martin, Miller, Moody, George Peck, Ruth Peck, Porter, Pugh, Reese,
Rhodes, Riggs, Rosenbaum, Rowland, Ryan, Schellenberg, Scudder,
Smith, Stephens, Stump, Thode, Toscano, Traficanti, Van Dyke, Varn,
Vipperman, Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker
Cook-79.
EXCUSED: Shreeve-1.
Reverend L. Olav Tolo, Chaplain of the House, offered prayer.
The Pledge of Allegiance to the Flag of the United States was led by
Mrs. Hutcheson.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that a committee
of five be appointed to notify the Senate that the House is organized
and ready for the transaction of business, and to act with a like com­mittee
from the Senate to wait upon the Governor giving notification
that the Legislature is organized and ready to receive his message.
Carried, and Speaker Cook appointed Members McClellan, Brewer,
Eliot, Merle Hays and Pugh as the House Organization Committee.
At 12: 08 P.M., the Sergeant at Arms announced a committee from the
Senate consisting of Senators Corbett, Bollinger and Anderson, who
informed the House that the Senate was organized and ready for the
transaction of business. Speaker Cook thanked the Senate Organiza­tion
Committee.
At 12: 10 P.M., the House stood at recess, subject to the call of the
gavel.
4
FIRST DAY
MONDAY, JANUARY 8, 1962
JOURNAL OF THE HOUSE
At 12: 29 P.M., Speaker Cook called the House to order.
At 12: 30 P.M., the Sergeant at Arms announced the Senate O'f the
State of Arizona.
JOINT SESSION OF THE SENATE AND HOUSE OF
REPRESENTATIVES OF THE TWENTY-FIFTH
LEGISLATURE, SECOND REGULAR SESSION,
OF THE STATE OF ARIZONA
The joint session of the Twenty-fifth Legislature, Second Regular
Session, of the State of Arizona was called to order at 12: 31 P. M.,
by Senator Clarence L. Carpenter, of Gila County, President of the
Senate.
A quorum of both Houses was present.
At 12: 32 P.M., the Joint Senate and House Organization Committee
consisting of Senators Corbett, Bollinger and Anderson and Repre­sentatives
McClellan, Brewer, Eliot, Merle Hays and Pugh returned
escorting His Excellency, Paul Fannin, the Governor of Arizona. The
Governor, who was introduced by President Carpenter, delivered the
following message:
GOVERNOR'S MESSAGE
Mr. President, Mr. Speaker, Members of the Arizona Senate
and House o·f Representatives, fellow Arizonans:
It is a pleasure to welcome you to the Second Regular Ses­sion
of the 25th Arizona Legislature. Many of us are begin­ning
our fourth year of working together in the common
enterprise of leadership in a vigorous and dynamic state.
Some notable achievements have resulted, and you have
well earned the commendation and appreciation of the peo­ple
of the whole State of Arizona.
There have been areas of legislative concern during the
time we have worked together in which our achievements
have been less noteworthy, or lacking altogether. To these
areas I will once again direct your attention, in some cases
with a new urgency born of the critical demands upon our
national strength and leadership in the world today.
The growth, progress, and shifting circumstances of this
state continue to bring before us new opportunities to grasp,
new challenges to meet, and new problems for which solu­tions
must be found. To these I will also direct your atten­tion
today, and again in some cases with an urgency aris­lng
from the perilous times in which we live.
As we begin the year 1962 our lives are overshad

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Full Text

l st SP I L S SSI
26th L I L U E
JOURNAL
OF THE
HOUSE OF
REPRESENTATIVES
T\NENTY--FIFTH
LEGISLATURE
FIRST SPECIAL SESSION
OF THE
STATE OF ARIZONA
--1961--
SESSION CONVENED - JULY 17, 1961
SESSION ADJOURNED SINE DIE-8:27 P.M.
JULY 31, 1961
HOUSE JOURNAL
FIRST DAY
MONDAY, JULY 17, 1961
Pursuant to the Pro'Clamation of the Governor, under date of June
14, 1961, the House of Representatives of the Twenty-fifth Legislature,
First Special Session, convened this day.
The House assembled in its Chambers at 10: 00 A.M.
The Speaker, W. L. "Tay" Cook of Cochise County, called the House
to order.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burson, Carreon, Carson, Cook, Crane, Dalton, Dover, E:Uas, Eliot,
Elliott, EUis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray,
Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins,
Holmes, Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan,
King, Klauer, Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan,
Martin, Miller, Moody, George Peck, Ruth Peck, Porter, Pugh, Reese,
Rhodes, Riggs, Rosenbaum, Rowland, Ryan, Schellenberg, Scudder,
Shreeve, Smith, Stephens, Thode, Toscano, Traficanti, Van Dyke,
Varn, Vipperman, Walker, Webster, Wessler, Wilcox, Wood, Ybarra,
Speaker Cook-77.
E'XCUSED: Burgess, DeWitt, Stump-3.
Reverend Raymond C. Acheson, Chaplain o:f the House, offered prayer.
Speaker Cook announced that the American Legion Championship
Color Guard Unit from Glendale Post No. 29, would post the colors.
The Pledge of Allegiance to the Flag of the United States, was led by
Mrs. Hutcheson.
At 10: 14 A.M., the Sergeant at Arms announced a committee from
the Senate consisting of Senators Corbett, Spikes and Sullivan, who
informed the House that the Senate was organized and ready for
transaction of business. Speaker Cook thanked the Senate Organiza­tion
Committee.
The Proclamation of the Governor of Arizona, under date of June
14, 1961, calling the Twenty-fifth Legislature into Special Session
was read as follows:
PROCLAMATION
CALLING A SPECIAL SESSJ:ON OF THE
TWENTY-FIFTH LEGISLATURE OF THE
srrATE OF ARIZONA
WHEREAS, the Constitution of Arizona (Article IV, Part 2,
Section 3) authorizes the Governor to call a sp1ecial session
of the Legislature when the circumstances demand it, and
4
FIRST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION
provides that in such case he shall specify the subjects
to be considered; and
WHEREAS, the rapid and substantial growth of Arizona's
population has created a need for the revision of the laws
relating to the issuance and transfer of spirituous liquor
licenses; and
WHEREAS, the need for strengthening the narcotics control
laws of the State has likewise been amply demonstrated;
and
WHEREAS, both the urgency and the nature of these two
matters make it advisable that they be considered promptly
by the Legislature in a special session called solely for
that purip:ose,
NOW, THEREFORE, I, Paul J. Fannin, Governor of Arizona
by virtue of the authority vested in me by the Constitution,
and in pursuance of my duty, call the Twenty-fifth Arizona
Legislature to meet in SPECIAL SESSION at the Capitol
on Monday, the seventeenth day of July, 1961, at ten o'clock
a.m. and specify the following subjects to be considered
during such session:
1. Legislation regulating the issuance and trans­fer
of spirituous liquor licenses.
2. Legislation regulating the acquisition, use and
possession of narcotics.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Great Seal of the State of Arizona to be affixed
at the Capitol, in Phoenix, this fourteenth day of June, in
the year of Our Lord, One Thousand Nine Hundred and
Sixty-one.
(SEAL)
ATTEST: (s) WESLEY BOLIN,
(s) PAUL J. FANNIN,
Governor.
Secretary of State.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that a committee
of three be appointed to notify the Senate that the House is organ­ized
and ready for transaction of business, and to act with a like com­mittee
from the Senate to wait upon the Governor giving notification
that the Legislature is organized and ready to receive his message.
Carried, and Speaker Cook appointed Members McClellan, Rowland
and Haugh as the House Organization Committee.
At 10: 16 A.M., the House stood at recess, subject to the call of the
gavel.
At 10: 29 A.M., Speaker Cook ca11ed the House to order.
FIRST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 5
At 10: 29 A.M., the Sergeant at Arms announced the seating of Mr.
DeWitt.
At 10:30 A.M., the Sergeant at Arms announced the Senate of the State
of Arizona.
JOINT SESSION OF THE SENATE AND HOUSE OF
REPRESE\NT'ATIVES OF THE TWENTY-FIFTH
LEGISLATURE, FIRST SPECIAL SESSION,
OF THE STATE OF ARIZONA
The Joint Session o>f the First Special Session of the Twenty-fifth
Legislature, was called to order at 10: 31 A.M., by Senator Carpenter
of Gila County, President of the Senate.
A quorum of both Houses was present.
At 10: 32 A.M., the Joint Organization Committee consisting of Senators
Corbett, Spikes and Sullivan, Representatives McClellan, Rowland
and Haugh, returned escorting his Ecx:cellency, Paul J. Fannin, Gov­ernor
of Arizona. The Governor, who was introduced by President
Carpenter, delivered the following message:
GOVERNOR'S MESSAGE,
Mr. President, Mr. Speaker, Members of the Senate and the
House of Representatives, My Fellow Arizonans:
I issued the Call of this special session in answer to a clear
mandate from our people for straight-forward action to end
uncontrolled speculation in liquor licenses and to strengthen
our defenses against the evil of illegal narcotics traffic.
Therefore, you are in this special session for the purpose of
enacting (1) legislation regulating the issuance and transfer
of spirituous liquor licenses, and (2) legislation regulating
the acquisiition, use and possession of narcotics.
On June 14, at the time of issuing the Call, I accompanied it
with a statement listing four iprinciples which I believe are
essential to a correct solution of the liquor license problem.
These are:
1. All sales, leases, rentals or transfers of owner­ship
of alcoholic beverage licenses should be pro­hibited,
regardless of date of issuance. Justice re­quires
that such statutory change include pro­tective
provisions:
Whereby a qualified person who ac­quires
a going business would be as­sured
of the issuance of a new license
for the continuation of the business,
and,
6
FIRST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION
Whereby a person now legally operat­ing
a business under a leased license
would be assured of an original license.
2. A reasonable time limitation should be im­posed
beyond which a license must be put to use
o:r cancelled.
3. The present quota law, based on the ten year
census, should be replaced by a realistic formula
for determining the public convenience and ne­cessity
'for the issuance of licenses. Such deter­minations
are wisest and fairest when made
by that local government closest to that segment
of the general public most affected. Therefore, li­cense
approval should be founded upon an origin­al
determination of public convenience and ne­cessity
by the governing body of the proper po­litical
subdivision and, thereafter reviewed by the
state department of liquor licenses and control.
Such determinations should be subject to court
appeal.
4. The fees should be equitably increased so that
they will support, in whole, the 'full cost of opera­tion
of the state regulatory department. The tax­paying
public at large should not be required, as
is, now· the case, to contribute general tax money
to the support of this department.
I also noted on June 14, that in addition to these four spe­cific
principles as a basis for amendments of the law, there
was also needed a number of technical changes and clarifi­cations.
For instance, the eligibility of non-drinking citizens
to protest a license issuance should be specifically estab­lished.
Because of a recent decision otf our Supreme Court,
it is imperative that we clarify the ownership of licenses by
corporations, so long as a qualified person is responsible
therefor. All existing liquor licenses expire on December 31,
19'61. Therefore, new legislation must be effective prior to
that date so that the revisions of the law will be applicable
to the issuance of new licenses.
The people of Arizona emphatically reject the false notion
that their state government has the slightest legal or moral
obligation to insure profit for liquor license speculators.
We should not perpetuate a pattern of speculative traffick­ing
in mere permits granted by the state for the sale of
alcoholic beverages.
Nor do the people of Arizona accept a situation wherein
an original permittee, by the renting or leasing of one or
more permits to others, is in eftfect endowed by our state
government with an unearned income.
As I have heretofore stated, the situation as it now stands
is repugnant to our people and to the concept of sound and
fair government practices.
FIRST DAY
MON:DAY, JULY 17, 1961
HOUSEi JOURNAL-FIRST SPE:CIAL SESSION
I have, therefore, purposely devised the wording of the first
item in the Call so that wide ranging qualification cannot
lure us away from or impede the disposal of the clear c1:1-t
issue of profiteering in liquor licensing. The people of Ari­zona
demand action and I know that you are determined to
give it to them.
Now, regarding the second item in the Call:
On the subject of narcotics, Arizonans have a heartfelt com­passion
for the helpless, trapped addict and have a desire
to help him back to life. This feeling is coupled with the firm
determination that the strength of the srtate and local govern­ment
shall strike as forcibly as possible at the peddler, often
himself an addict, whose weakness has the evil power to
contaminate and to destroy human beings.
Strict and unemotional control of illegal narcotics traffic
in this country has long been a serious, need. We have a duty
to take our place along with our neighboring states to con­tribute
our full share to the battle against this menace to
society. As many of you know, the State of California re­cently
enacted more stringent legislation in this field. This
further emphasized our need for action to curb the possibili­ties
of peddlers and addicts seeking haven in our state for
their illicit practices.
In regard to the addict the key word is control. It must be,
since expert testimony and reports. from active and inter­ested
segments of our society dramatize the fact that no
known cure has, been developed and scientifically proven.
Dramatic results however, have been proven in the area of
control.
Our legislation should be so devised to accomplish two ob­jectives.
First, strike a heavy blow at the peddler with
stringent mandatory penalties on the first and any subse­quent
offense. Second, devise a strict and workable system
of confinement for the addict.
In the statement accompanying the Call I said:
"In regard to the addict, on first offense of usage
or possession a mandatory sentence should be
given with probation allowable on close control
under a testing program such as the nalline test.
"On second offense of usage or possession a
mandatory penalty should be imposed."
The months of extensive studies, hearings and research on
this subject by the dedicated Arizona Citizens' Committee
and the Senate Interim Committee provide you with ex­tensive
information that will no doubt assist greatly in
your drafting of appropriate legislation.
7
8
FffiST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION
On behalf of the people of Arizona, I extend their heart­felt
thanks to the fine public servants on all the committees
and supporting groups who have given so unselfishly of
their time and services to prepare for this session.
Let me conclude these remarks with these observations.
First, I do not feel that the subject of taxation should be
injected into this special session. The problems involving
the tax burden upon our homeowners and other real proper­ty
taxpayers will-and should-be at the fore front of the
regular session in January. The complexity and wide sig­nificance
of this subject, together with other matters of
statewide significance which will be before that general
session will require your very best single-minded efforts
at that time. It should not become piecemealed or involved
particularly in the subject of liquor license issuance.
Finally, the Official Call for this special session deliberately
omitted many subject matters which might be regarded as
pertaining to liquor legislation. These matters, however, are
unrelated to the pressing need we face to amend the laws
pertaining to the issuance of licenses. I need not remind us
here today that the eyes of every Arizonan are upon us
awaiting action. They demand-and are entitled to-action
This action can result if we all lay aside our personal feel­ings
and cooperate with each other. I pledge you my co­operation.
I know I shall receive yours.
At 10: 45 A.M., the Governor was escorted from the House Chambers.
Without objection, at 10: 46 A.M., the Joint Session of the Legislature
was dissolved.
CLARENCE L. CARPENTER,
President of the Senate.
W. L. "TAY" COOK,
Speaker of the House.
ATTEST: LOUISE C. BRIMHALL,
Secretary of the Senate.
RUBY H. SANDERS,
Chief Clerk of the House.
At 10: 47 A.M., Speaker Cook called the House to order.
REPORTS OF SI'ANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, recommended the hiring
of the following attaches:
FIRST DAY
MONDAY, JULY 17, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION
Mr. Speaker:
Your Committee on Administration reports that it has had
under consideration the hiring of attaches and respectfully
recommends that the following attaches be hired for the
First Special Session of the Twenty-fifth Legislature.
Your Committee, with the consent of the Speaker, reserves
the right to discharge any attache whose services are not
satisfactory.
Secretary to Chief Clerk. ......................................... J ean Kropp
Payroll-Bookkeeper ............................................ Peggy McDowell
Bill-Journal Clerk ...................................................... Dixie Clonts
Head Minute Clerk .................................................. Sue Thompson
Minute Clerk ............................................................ Mabel Hickson
Law Clerk .............................................................. Charles Stidham
Chief Clerk's Page & File Clerk. ............... Jaunita Zambonini
Head E. & E. Clerk. ............................................... R. Hazel Hilbers
E. & E'. Clerk. ....................................................... Opal F. Plummer
Reader .............................................................................. Susan Shaw
Supervisor of Steno PooL .................................. Geraldine Thies
Postmistress ................................................................ Merle Farmer
Printing & Supply Clerk-Adm. Secy ................. Sally Dunton
Judiciary Secretary .................................... Elnora Noble Moody
Secretary to Speaker .................................................... Violet Don
Appropriations Secretary ...................................... Helen Quinter
Secretary to Majority Floor Leader ................ Dorothy Bennett
Secretary to Minority Floor Leader ............ Catherine Fisher
Telephone Operators ............................................ Florence Brown
Gwendolyn B. Holt
Grace Go:ff
Mary Ann Sebestyen
Head Page ............................................................ Daniele B. Tuttle
Pages ........................................................................ Zoe Ann Groves
Jeannine Longmire
Judith A. Westfall
Betty Harter
Virginia Albright
Betty L. Talla
9
FmST DAY
MONDAY, JULY 1'7; 1961·
10 HOUSE JOURNAL-FIRST SPECIAL SESSION
Stenographers ........................................................ Ruth Speakman
Glenna Quaintance
Mary Catherine Llewellyn
Mary Alice Clemens
L. Jane Richards
S. Eleanor Bittner
Annemarie Pieri
Peggy Holt
Cheryl Thraen
Mimeograph Operators ......................................... .Laura Whipple
Julia Warren
Supply Clerk ............................................................ Betty L. Negri
Post Office Clerks .................................................. Lena Hundley
Eva Mae Butler
Carmen Espinoza
Clara Parkyn
Ollye Sanders
Jessie Bacon
Jewel McLaughlin
E. Latrelle (Lou) Fadrhonc
Kate Cantelme
Doormen .............................................................. George L. Malone
W. S. Rooney
W.W. Boggan
Carl Sims
Eugene Marin
Frank Seeley
Frank Olin
J anitors .......................................................................... J ohn Hannan
Thomas Nile Brown
Cleophas Cherry
Motion by Mr. Dover, seconded by Mr. Stephens, that the report of
the Committee on Administration be accepted, and that the named
attaches be elected for the First Special Session of the Twenty-fifth
Legislature. Carried.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned. Carried at 10: 50 A.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
SECOND DAY
TUESDAY, JULY 18, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 11
SECOND DAY
TUESDAY, JULY 18, 1961
The House met at 10: 00 A.M., prursuant to adjournment, Speaker
Cook presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Crane,. Dalton, Dover, Elias, Eliot,
Elliott, Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray,
Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, Klauer,
Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Ryan, Schellenberg, Scudder, Shreeve, Smith, Stephens,
Stump, Thode, Toscano, Traficanti, Van Dyke, Varn, Vipperman,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker Cook-75.
EXCUSED: Cook, DeWitt, Holmes, King, Rowland-5.
Reverend Raymond C. Acheson, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Monday, July 17,
1961, was dispensed with, and aip,proved as written.
At 10: 10 A.M., the Sergeant at Arms announced the seating of Mr.
King.
PERSONAL PRIVILEGE
The following Members addressed the House:
David B. Kret--Arizona Quota Sys.tern for Liquor Licenses.
Arthur B. Schellenberg-Recent JunioT College Develop­ment.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess until 2: 00 P.M. Carried at 10: 23 A.M.
AFTERNOON SESSION
At 2: 00 P.M., the House resumed session, Speaker Cook presiding.
At 2: 00 P.M., the Sergeant at Arms announced the seating of Members
Holmes and Rowland.
Without objection, the House referred to the Order of Business:
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bills were read the first
time by number and title:
HOUSE BILL 1, by Members Stephens, Holmes, Hutto, Riggs,
Vipperman of Maricopa; Scudder of Coconino; Cook, Webster of Pima;
THffiD DAY
WEDNESDAY, JULY 19, 1961
12 HOUSE JOURNAL-FIRST SPECIAL SESSION
Smith ofl Pinal; Klauer of Yuma, An Act, relating to alcoholic bev­erages;
amending Sections 4-112, 4-201, 4-202, 4-203, 4-2'06, 4-207,
4-209, and 4-210, Arizona Revised Statutes, and amending Title 4,
Chapter 2, Article 1, by adding Sections 4-20'5.0l, 4-205.02 and 4-207.02.
Referred to Committee on Administration for !printing.
HOUSE BILL 2, co-sponsored by Members Ste,pihens and Higgins
of Maricopa, An Act, relating to. narcotics; regulating the use, distri­bution
and dispensing of narcotic drugs; prescribing unlawful acts;
prescribing penalties; prescribing certain conditions to be met by
violators placed on probation or parole; ,p1rnviding for civil commit­ment
of addicts; amending Sections 36-1001, 36-1002, 36-1003, 36-1008,
36'-1013, 36-1017, 36-1019 and 36-1020, Arizona Revised Statutes;
amending Title 36, Chapter 9, Article 1, Arizona Revised Statutes, by
adding Sections 36-1015.01, 3,6-1017.01 to 36-1017.06, inclusive,
36-1020.01, and. 36-1025 to 36-1031, inclusive, and repealing Sections
36-1022. and 36-1062, Arizona Revised Statutes. Referred to Committee
on Administration for printing.
HOUSE BILL 3, by Mr. Toscano of Marico1Pa, An Act, relating to
liquor licenses and control; amending Sections 4-101, 4-202, 4-203,
4-20'5 and 4-242, Arizona Revised Statutes, and amending Title 4,
Chapter 2, Article 1, Arizona Revised Statutes, by adding Sections
4-20>6.0l and 4-206.02. Referred to Committee on Administration for
printing.
HOUSE BILL 4, by Mr. Toscano of Maricopa, An Act, relating to
narcotic drugs; prescribing ,penalties for illegal sale of narcotic drugs,
and amending Section 36-1020, Arizona Revised Statutes. Referred
to Committee on Administration for printing.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned. Carried at 2: 07 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
THIRD DAY
W. L. ''T'AY" COOK,
Speaker of the House.
WEDNESDAY, JULY 19, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker
Cook presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Burgess,
Burson, Carreon, Carson, Cook, Crane, Dalton, Dover, Elias, Elliott,
Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray, Hathaway,
Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins, Holmes,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, King, Klauer,
THIRD DAY
WEDNESDAY, JULY 19, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 13
Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Stephens,
Stump, Thode, T'oscano, Traficanti, Van Dyke, Varn, Vi1p1perman,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker Cook-76.
EXCUSED: Brewer, DeWitt, Eliot, Smith-4.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Brewer and DeWitt.
Reverend Raymond C. Acheson, Chaplain of the House, oiffered prayer.
Without objection, the reading oif the Journal of Tuesday, July 18,
1961, was dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Haugh addressed the House on House, Bill 5, relating to
Alcoholic Beverages.
At 10: 07 A.M., the Sergeant at Arms announced the seating of Mrs.
E'.liot.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess until 2: 00 P.M. Carried at 10: 10 A.M.
AFTERNOON SESSION
At 2: 00 P.M., the House resumed session, Speaker Cook presiding.
At 2: 00 P.M., the Sergeant at Arms announced the seating of Mr.
Smith.
Without objection, the House referred to the Order of Business:
REPORTS OF STANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, on printing.
Ordered:
House Bill L ...................................................... 3,000 copies
House Bills 2, 3 and 4
mimeographed............................................ 200 copies
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the first time
by number and title:
HOUSE BILL 5, by Members Haugh, Hawkins, Holsclaw, Trafi­canti,
Varn, Wessler O'f Pima; Elliott, Gilbert of Cochise; Knoles of
Coconino; Barkley, Brewer, Burgess, Burson, Eliot, E:ubank, Priscilla
Hays, Higgins, Humphrey, Koch, Kret, Ruth Peck, Porter, Reese,
Rhodes, Schellenberg, Wilcox, Wood, Van Dyke of Maricopa; Larson
THIRD DAY
WEDNESDAY, JULY 19, 1961
14 HOUSE JOURNAL-FIRST SPECIAL SESSION
of Navajo; Moody of. Pinal, An Act, relating to alcoholic beverages;
amending Sections 4-112, 4-201, 4-202, 4-203, 4-205, 4-207, 4-207.01,
4-209· and 4-210, Arizona Revised Statutes; amending Title 4, Chapter 2,
Article 1, Arizona Revised Statutes, by adding Section 4-211, and re­pealing
Section 4-206, Arizona Revised Statutes. Referred to Committee
on Administration for printing.
SECOND READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bills were read the second
time by number and title:
HOUSE BILL 1, amending laws to regulate the issuance and trans­fer
of spirituous liquor licenses.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the rules
be suspended and that House Bill 1 be placed on the Active Calendar
of the Committee of the Whole for today. Carried.
HOUSE BILL 2, amending laws to regulate the acquisition, use and
possession of narcotics. Referred to Committees on Judiciary, Public
Health, State Government, and County Affairs.
HOUSE BILL 3, amending laws to regulate the issuance and trans­fer
of spirituous liquor licenses. Referred to Committees on Judiciary,
Banking, Insurance and Corporations, County Affairs, and State
Government.
HOUSE BILL 4, prescribing penalties for illegal sale of narcotic
drugs. Referred to Committees on Judiciary, Public Health, State
Government, and County Affairs.
MOTION TO GO INTO COMMITTEE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the consideration of
the bill on the Calendar. Carried, and at 2: 09 P.M., the House resolved
itself into a Committee of the Whole, Mr. Hathaway in the Chair.
At 5: 12, P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, repo:rted progress.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the report
of the Committee of the Whole be accepted. Carried.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned until 9: 00 A.M., Thursday, July 20, 1961. Carried at
5:20 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
FOURTH DAY
THURSDAY, JULY 20, 1961
HOUSE JOURNAL-FIRST' SPECIAL SESSION 15
FOURTH DAY
THURSDAY, JULY 20, 1961
The House met at 9: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Brayton, Brewer, Burgess,
Carreon, Carson, Cook, Crane, Dover, Elias, Elliott, Ellis, Ellsworth,
Eubank, Fridena, Gilbert, Glancy, Gray, Hathaway, Haugh, Hawkins,
Merle Hays, Higgins, Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto,
Jordan, King, Klauer, Koch, Kret, Larson, Lindner, McClellan, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum., Rowland, Ryan, Schellenberg, Shreeve, Smith, Stephens,
Stump, Thode, T'oscano, Traficanti, Van Dyke, Varn, Viiprperman,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker Cook----69.
EXCUSED: Botzum, Burson, Dalton, DeWitt, Eliot, Priscilla Hays,
Holmes, Knoles, Lines, Martin, Scudder-IL
At 9: 01 A.M., the Sergeant at Arms announced the seating of Members
Burson, DeWitt, Priscilla Hays, Knoles and Scudder.
Reverend Raymond C. Acheson, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Wednesday, July 19,
1961, was1 dispensed with, and approved as written.
Motiion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess, subject to the call of the gavel. Carried at 9: 06 A.M.
At 10: 15 A.M., Speaker Cook caHed the House to order.
At 10: 15 A.M., the Sergeant at Arms announced the seating of Mem­bers
Botzum, Eliot, Holmes, Lines and Martin.
Without objection, the House referred to the Order of Business:
REPORTS OF ST ANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, on printing.
Ordered:
House Bill 5 .......................................................... 3,000 copies
Received:
House Bills 2, 3 and 4.
SEC01'l'D READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was disipensed with, and the following bill was read the second
time by number and title:
FOURTH DAY
THURSDAY, JULY 20, 1961
16 HOUSE JOURNAL-FIRST SPECIAL SESSION
HOUSE BILL 5, amending laws to regulate the issuance and trans­fer
of spirituous liquor licenses.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the rules
be suspended and that House Bill 5 be placed on the Calendar of
the Committee of the Whole. Carried.
MOTION TO GO INTO COMMITTEE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the further con­sideration
of the bill on the Calendar. Carried, and at 10: 18 A.M., the
House resolved itself into a Committee of the Whole, Mr. Hathaway
in the Chair.
At 10: 30 A.M., while in the Committee of the Whole, the Sergeant
at Arms announced the seating of Mr. Dalton.
At 12: 30 P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, reported progress.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the report
of the Committee of the Whole be accepted. Carried.
Motion by Mr. Stephens, seconded by Mr. Ensworth, that the House
stand at recess until 2: 30 P.M. Carried at 12: 32 P.M.
AFTERNOON SESSION
At 2: 30 P.M., the House resumed session, Speaker Cook presiding.
Without objection, the House referred to the Order of Business:
MOTION TO GO INTO COMMITTEE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the further considera­tion
of the bill 'On the Calendar. Carried, and at 2.38 P.M. the House
resolved itself into a Committee of the Whole, Mr. Hathaway in the
Chair.
At 5: 20 P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, reported progress.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the report of
the Committee of the Whole be accepted. Carried.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned until 9: 00 A.M., Friday, July 21, 1961. Carried at
5:21 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
FIFTH DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 17
FIFTH DAY
FRIDAY, JULY 21, 1961
The House met at 9: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT': Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, Eliot, Elliott, Ellis, Ellsworth, E'.ubank, Fridena, Gilbert, Glancy,
Gray, Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins,
Holmes, Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan,
King, Klauer, Koch, Kret, Larson, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Riggs, Rosen­baum,
Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Stephens, Stump, Thode, Toscano, Traficanti, Van Dyke, Varn, Vip­perman,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker
Cook-77.
EXCUSED: Knoles, Lindner, Rhodes-3.
Reverend L. J. Dunbar, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Thursday, July 20,
1961, was dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Haugh addressed the House on telephone calls at
night concerning the Legislature.
REPORTS OF STANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, on printing.
Received:
House Bill 1.
At 9: 17 A.M., the Sergeant at Arms announced the seating of Mr.
Rhodes.
BILLS AND OTHER BUSINESS FROM THE SENATE
A message from the Senate by Louise C. Brimhall, its secretary, was
read:
SENATE BILL 1, passed by a vote of 27 ayes, 1 not voting.
FIFTH DAY
FRIDAY, JULY 21, 1961
18 HOUSE JOURNAL---FIRST' SPECIAL SESSION
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the first time
by number and title:
SENATE BILL 1, An Act, relating to narcotics; regulating the use,
production, sale, distribution and dispensing of narcotic drugs; pre­scribing
penalties; prescribing conditions for placing offenders on
probation; prescribing treatment for narcotic addicts; amending Sec­tions
36-1001, 36-1002, 36-1019 and 36-1062, Arizona Revised Statutes;
amending Title 36, Chapter 9, Article 1, Arizona Revised Statutes, by
adding Sections 36-1002.01 to 36-1002.10, inclusive; amending Title
36, Chapter 9, Article 3, Arizona Revised Statutes, by adding Sections
36-1062.01, 36-1062.02 and 36-1062.03, and repealing Sections 36-1020,
36-1022 and 36-1023, Arizona Revised Statutes.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the rules
be suspended, an emergency declared, and that Senate Bill 1 be
placed under the Order of Business, Second Reading of Bills, for today.
Carried by a two-thirds vote of all members elected to the House.
SECOND READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the second
time by number and title:
SENATE. BILL 1, amending laws to regulate the acquisition, use and
possession of narcotics. Referred to Committees on Judiciary, Public
Health, and State Government.
MOTION TO GO INTO COMMITTEE OF THE WHOLE'
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the further consider­ation
of the bill on the Calendar. Carried, and at 9:27 A.M., the House
resolved itself into a Committee of the Whole, Mr. Hathaway in the
Chair.
At 9: 30 A.M., while in the Committee of the Whole, the Sergeant at
Arms announced the seating a,f Members Knoles and Lindner.
At 12: 14 P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, reported progress.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the report
of the Committee of the Whole be accepted. Carried.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess, subject to the call of the gavel. Carried at 12: 15 P.M.
AFTERNOON SESSION
At 2: 27 P.M., the House resumed session, Speaker Cook presiding.
FIFTH DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 19
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess, subject to the call of the gavel. Carried at 2,: 30 P.M.
At 3: 22 P.M., Speaker Cook called the House to order.
Without objecHon, the House referred to the Order of Business:
BILLS AND orrHER BUSINESS FROM THE SENATE
Messages from the Senate by Louise C. Brimhall, its secretary, were
read:
SENATE CONCURRENT MEMORIAL 1, passed by a vote
of 23 ayes, 1 nay, 4 not voting.
SENATE JOINT MEMORIAL 1, passed by a vote of 23
ayes, 5 not voting.
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bills were read the first
time by number and title:
SENATE CONCURRENT MEMORIAL 1, A Concurrent Memorial,
recommending to the Congress of the United States that research
be undertaken in five major areas relating to narcotic drug addiction
and methods of treating narcotic drug addicts.
SENATE JOINT MEMORIAL 1, A Joint Memorial, requesting the
United States Treasury Department to implement existing practices
for the purpose of permitting its, customs service and the bureau of
narcotics to maintain a more rigid border inspection and thereby
prevent the illegal importation of narcotic drugs.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the rules be
suspended, an emergency declared, and that Senate Concurrent
Memorial 1 and Senate Joint Memorial 1 be placed under the Order
of Business, Second Reading of Bills, for today. Carried by a two-thirds
vote of all Members elected to the House.
SECOND READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bills were read the second
time by number and title:
SENATE CONCURRENT MEMORIAL 1, requesting Congress under­take
research relating to narcotic drug addiction and methods of
treating addicts. Referred to Committees on Judiciary, Public Health,
and State Government.
SENATE JOINT MEMORIAL 1, requesting more rigid inspection at
border stations to prevent illegal importation of narcotics. Referred
to Committees on Judiciary, Public Health, and State Government.
FIFTH DAY
FRIDAY, JULY 21, 1961
20 HOUSE JOURNAL-FIRST SPE:CIAL SESSION
MOTION TO GO INTO COMMITTE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
resolve itself into a Committee of the Whole for the further considera­tion
of the bill on the Calendar. Carried, and at 3: 26 P.M., the House
resolved itself into a Committee of the Whole, Mr. Hathaway in the
Chair.
During the Committee of the Whole, Mr. Haugh asked the Chair for
ruling: when a voice vote is taken and a division called for, can
Members, not present for the voice vote be allowed to vote in the
division on the standing vote.
The Chair ruled that no one on the floor of the House, wishing to vote
at any time, would be denied the right.
At 5:07 P.M., the Committee of the Whole was dissolved and Mr.
Hathaway, Chairman, reported:
That House Bill 1 be amended as follows:
(Mimeographed bill)
Page 2, between lines 4 and 5, insert:
"5. To grant or deny applications for licenses and
transfers thereof in accordance with the pro­visions
of this act.".
Page 2, line 4, strike "5" and insert "6".
Page 2, line 6, strike "6" and insert "7".
Page 2, line 7, strike "7" and insert "8".
Page 3, between lines 10 and 11 insert:
"The provisions of this subsection shall not be
construed to prevent a bona fide resident of
the age of twenty-one years or more residing,
owning or leasing property within a one-half
mile radius from the premises proposed to be
licensed from testifying in favor of or in oppo­sition
to the issuance of the license, regardless of
whether or not he is a user or nonuser of spir­ituous
liquor.".
Page 6, line 26, strike the period and insert:
", except that the superintendent may grant ad­ditional
time if, in his judgment, the licensee is
in good faith attempting to comply with this sub­section.".
Page 11, strike lines 13 to 27, inclusive.
Page 11, line 28, after "Sec." strike "9" and insert
"8n.
Page 12, between lines 30 and 31, insert:
FIF'l'H DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 21
"13. Airline license issued in the name of an
operating airline company to sell or serve spir­ituous
liquors solely in individual portions on all
passsenger planes operated by the airline com­pany,
five hundred dollars.".
Page 12, line 31, strike "13" and insert "14".
Page 13, lines 1 and 4, strike "14" and "15" re­spectively
and insert "15" and "16".
Page 14, between lines 2 and 3, insert:
"13. Airline license issued in the name o'f an
operating airline company to sell or serve spir­ituous
liquors solely in individual portions on all
passenger planes operated by the airline com­pany,
four hundred fifty dollars.".
Page 14, line 3, strike "13" and insert "14".
Line 6, strike "14" and insert "15". Line 9,
strike "15" and insert "16".
Page 15, between lines 11 and 12, insert:
"13. Airline license issued in the name of an
operating airline company to sell or serve spir­ituous
liquors solely in individual portions on all
passenger planes operated by the airline com­pany,
five hundred dollars.".
Page 15, line 20, after "Sec." strike "10" and
insert "9".
Page 16, between lines 14 and 15, insert:
"Sec. 10. Title 4, Chapter 2, Article 1, Ari­zona
Revised Statutes, is amended by adding
Section 4-211, to read:
"4-211. License authorized upon loss of license
by lessee of expired lease; issuance;
transferability
"A. Upon the expiration of a lease under which a
license issued under this title is leased for use
by the lessee in an established place o•f business in
which spirituous liquors are sold, the superin­tendent
shall, upon application in accordance with
section 4-201, issue to the lessee of such lease
a license of the same class included in such lease.
"B. The license shall be issued in the name of
the applicant, provided the applicant is otherwise
qualified to have such license issued. The holder
of the license shall be subject to the penalties
prescribed for any violation of the law relating to
alcoholic beverages.
FIFTH DAY
FRIDAY, JULY 21, 1961
22 HOUSE JOURNAL-FIRST SPECIAL SESSION
"C. The 1p:rovisions of section 4-206 shall not
apply to nor in any manner restrict the issuance
of a license issued under the provisions of this
section.
"D. Such license shall be transferable from
location to location."
Strike the title and insert:
"Relating to alcoholic beverages; amending Sec­tions
4-112, 4-201, 4-202, 4-203, 4-206, 4-209 and
4-210, Arizona Revised Statutes, and amending
Title 4, Chapter 2, Article 1, Arizona Revised
Statutes, by adding Sections 4-205.01, 4-205.021 and
4-211.".
And, as so amended, it do pass.
MO'tion by Mr. Ellsworth, seconded by Mr. Stephens, that the report
of the Committee of the Whole be adopted, and that the bill be
properly assigned.
Motion by Mr. Haugh, seconded by Mr. Wessler, that the motion
by Mr. Ellsworth be amended and that the recommendation of
the Committee of the Whole, whereby House Bill 1 do pass, as
amended, be rejected, and that House Bill 1 do pass, as amended, and
be further amended as follows:
Page 6, line 7, strike "that for the purpose of" and insert
"as provided in Section 4-212.". Strike lines 8 to 13, in­clusive.
Page 16, between lines 14 and 15, insert:
"Sec. 11. Title 4, Chapter 2, Artkle 1, Arizona Revised
Statutes, is amended by adding Section 4-212, to read:
4-212. Reversion of license to lessor
"A spirituous liquor license which is in use by a lessee
shall revert to the lessor on December 31, 1961.".
Amend title to conform.
Lost by the following vote:
AYES: Barkley, Berry, Burgess, Burson, DeWitt, Eliot, Elliott,
Eubank, Gilbert, Hawkins, Priscilla Hays, Higgins, Holsclaw,
Humphrey, Knoles, Koch, Kret, Larson, Moody, Ruth Peck, Porter,
Reese, Rhodes, Rosenbaum, Schellenberg, Traficanti, Van Dyke, Va!rn,
Wessler, Wilcox, Wood-31.
NAYS: Austin, Biles, Botzum, Brayton, Carreon, Cook, Crane,
Dalton, Dover, Elias, Ellis, Ellsworth, Fridena, Glancy, Gray, Hatha­way,
Haugh, Merle Hays, Holmes, Hoopes, Hutcheson, Hutto, Jordan,
King, Klauer, Lindner, McClellan, Martin, Miller, Gemge Peck, Pugh,
Riggs, Ryan, Scudder, Shreeve, Smith, Stephens, Stump, Thode,
Toscano, Vipperman, Walker, Webster, Ybarra, Speaker Cook-45.
NOT VOTING: Brewer, Carson, Lines, Rowland-4.
FIFTH DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 23
Mr. Haugh changed his vote from "AYE" to "NAY" for the purpose
of reconsideration.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the previous
question be put. Carried by a rising vote of 40 ayes, 32 nays.
The motion by Mr. Ellsworth, that the report of the Committee of the
Whole be adopted and that the bill be properly assigned, was then
put and carried.
DISPOSITION OF BUSINESS FROM COMMITTEE OF THE WHOLE
HOUSE BILL 1, as amended by Committee of the Whole, was referred
to Committee on Administration to be engrossed.
Motion by Mr. Rhodes, seconded by Mr. Porter, that the House stand
adjourned until 10: 00 A.M., Monday, July 24, 1961. Lost by a rising
vote of 33 ayes, 43 nays.
Without objection, the House referred to the Order of Business,:
REPORTS OF STANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairm.an, on engrossing.
HOUSE: BILL 1.
THIRD RE'ADING OF BILLS
The following bill was read the third time in full:
HOUSE BILL 1, entitled, An Act, relating to alcoholic beverages;
amending Sections 4-112, 4-201, 4-202, 4-203, 4-206, 4-207, 4-209 and
4-210, Arizona Revised Statutes, and amending T'itle 4, Chapter 2,
Article 1, Arizona Revised Statutes, by adding Sections 4-205.01,
4-205.02 and 4-211.
On roll call, HOUSE, BILL 1 passed the House, without enacting the
emergency, by the following vote:
AYES: Austin, Biles, Botzum, Brayton, Carreon, Carson, Cook, Crane,
Dalton, Dover, Elias, Ellis, Ellsworth, Fridena, Glancy, Gray, Hatha­way,
Merle Hays, Holmes, Hoopes, Hutcheson, Hutto, Jordan, King,
Klauer, Lindner, McClellan, Martin, Miller, George Peck, Pugh, Riggs,
Rowland, Ryan, Scudder, Shreeve, Smith, Stephens, Stump, Thode,
Toscano, Vipperman, Walker, Webster, Ybarra, Speaker Cook--46.
NAYS: Barkley, Berry, Burgess, Burson, DeWitt, Eliot, Elliott,
Eubank, Gilbert, Haugh, Hawkins, Priscilla Hays, Higgins, Holsclaw,
Humphrey, Knoles, Koch, Kret, Larson, Moody, Ruth Peck, Porter,
Reese, Rhodes, Rosenbaum, Schellenberg, Traficanti, Van Dyke, Varn,
Wessler, Wilcox, Wood-32.
NOT VOTING: Brewer, Lines-2.
The following Members asked that explanation of their votes be en­tered
in the Journal:
FIFTH DAY
FRIDAY, JULY 21, 1961
24 HOUSE JOURNAL-FIRST SPECIAL SESSION
Inasmuch as House Bill 1 does not sufficiently liberalize the
quota system, terminate the evil of leasing licenses, grant an
equitable 'fee increase or protect our schools. and churches
to the degree necessary, I must oppose this measure.
I vote "NO".
E. T. BURSON.
I have always been interested in trying to improve our
liquor situation in our state and as long as I am a citizen
of this state I will continue to try either as a legislator or
as a lay citizen.
We came here to stop the trafficking in liquor and it's my
opinion that House Bill 1 does not do this and I cannot vote
for it. The climax to my confusion in regard to this matter
came today when the Chairman of our Liquor Study Com­mittee
refused to answer questions asked by Members who
did not have an opportunity to hear testimonies given to
the committee by officials of the state during this study com­mittee
meeting.
I therefore vote "NO" on this measure.
L. WALDO DeWITT.
I cannot condone the language in House Bill 1 legalizing the
practice of leasing liquor licenses. I think it may be illegal
and unconstitutional. It was not intended by legislatures of
the past. It should not be done by this legislature.
I think it is evident we have come to a position desired by
all those who do lease licenses.
We are serving the wrong people. To most of the citizens
of Arizona we have performed a disservice.
Therefore I vote "NO".
JOHN H. HAUGH.
I find myself unable to vote for House Bill 1 in its present
form.
This session was called to take care of the evils in liquor
trafficking. We are not doing that in this bill-in fact by
this bill we are legalizing the evils in the leasing that has
happened and under this it sets special privileges for a few
and according to the state constitution we should not do
this, for it says under Section 13. Equal Privileges and
Immunities. "No law shall be enacted granting to any citi­zen,
class of citizens, or corporation other than municipal,
privileges or immunities which, upon the same terms, shall
not equally belong to all citizens or corporations."
We have not done this in House Bill 1. We have created
special privileges. This was done by not giving consideTa­tion
to the amendments offered by the hard working men
FIFTH DAY
FRIDAY, JULY 21, 1961
HOUSE JOURNAL-FIRSrI' SPECIAL SESSION 25
and women in the minority-men and women who have
served in the House of Representatives. focr many years.
We still have quotas, when you have quottas in any busi­ness
you create special privileges to a few.
I vote "NO".
WILLIAMS. PORTER.
I cannot conscientiously vote for House Bill 1 which, as
written, defeats the purpose for which we were called
into special session.
By this bill it is conceivable that a liquor establishment
could be operated adjacent to school grounds.
Liquor licenses which may have been purchased for specu­lative
purposes are legalized and the liquor department
could continue to operate at a deficit.
I vote "NO".
ROBERT C. WILCOX.
This bill is the product, pure and simple, of partisanship in
its rankest form. I believe the true interests of the people in
this state have suffered a serious setback, that their wishes
have been completely disregarded.
The true reasons focr this special session have not been
heeded, and the same evils are left untouched by this bill
as previously existed.
This bill gave preferential treatment to present license
holders, to wealthy hotel and motel owners, and even
flagrantly violates the sanctity oif our schools and churches.
I vote "NO".
JOHN WOOD.
House Bill 1 was signed in open session by Speaker Cook.
PERSONAL PRIVILEGE
The following Members addressed the House:
William Stephens )
John H. Haugh )
William S. Porter )
Wm. F. Vipperman, Jr. ) House Bill 1
Harold L. Cook )
Augusta T. Larson )
Motion by Mr. Hawkins, seconded by Mr. Stephens, that the House
stand adjourned until 10: 00 A.M., Monday, July 24, 1961. Carried at
6:30 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
EIGHTH DAY
MONDAY, JULY 24, 1961
26 HOUSE JOURNAL-FIRST SPECIAL SESSION
EIGHTH DAY
MONDAY, JULY 24, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Barkley, Berry, Biles, Botzum, Brayton, Brewer, Burgess,
Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover, Elias,
Eliot, Elliott, Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray,
Hathaway, Haugh, Merle Hays, Priscilla Hays, Higgins, Holmes,
Roope~, Hutcheson, Hutto, Jordan, Klauer, Koch, Kret, Larson, Lines,
McClellan, Martin, Miller, Moody, George Peck, Ruth Peck, Porter,
Pugh, Reese, Rhodes, Riggs, Rosenbaum, Ryan, Schellenberg, Scudder,
Shreeve, Smith, Stephens, Stump, Thode, Toscano, Traficanti, Van
Dyke, Varn, Vipperman, Walker, Webster, Wessler, Wilcox, Wood,
Ybarra, Speaker Cook-72.
EXCUSED: Austin, Hawkins, Holsclaw, Humphrey, King, Knoles,
Lindner, Rowland-8.
At 10:01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Knoles, Lindner and Rowland.
Reverend L. J. Dunbar, Chaplain of the House, offered prayer.
The Pledge o>f Allegiance to the Flag of the United States, was led
by Mrs. Thode.
Without objection, the reading of the Journal of Friday, July 21, 1961,
was dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Brewer addressed the House and requested his remarks
be entered in the Journal.
Mrs. Thode objected.
The request was denied by the following vote:
A YES: Eliot, Priscilla Hays, Higgins, Larson, Ruth Peck
-5.
NAYS: Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt,
Dover, Elias, Ellis, Ellsworth, Eubank, Fridena, Gilbert,
Glancy, Hathaway, Haugh, Merle Hays, Holmes, Hoopes,
Hutcheson, Hutto, Jordan, Klauer, Knoles, Koch, Kret,
Lindner, Lines, McClellan, Martin, Miller, Moody, George
Peck, Porter, Pugh, Rhodes, Riggs, Ryan, Schellenberg,
Scudder, Shreeve, Stump, Thode, Toscano, Traficanti, Van
Dyke, Varn, Vipperman, Walker, Webster, Wessler, Wilcox,
Wood, Ybarra, Speaker Cook-62.
NOT VOTING: Austin, Burgess, Elliott, Gray, Hawkins,
Holsclaw, Humphrey, King, Reese, Rosenbaum, Rowland,
Smith, Stephens--13.
NINTH DAY
TUESDAY, JULY 25, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 27
REPORTS OF STANDING COMMITTEES
The following standing committee report was read:
Administration, Lee F. Dover, Chairman, on printing.
Received:
House Bill 5.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned. Carried at 10: 18 A.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
NINTH DAY
W. L. "TAY" COOK,
Speaker of the House.
TUESDAY, JULY 25, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burson, Carson, Cook, Crane, Dalton, DeWitt, Dover, Elias, Eliot,
Elliott, Ellis, Eubank, Fridena, Gilbert, Glancy, Hathaway, Haugh,
Hawkins, Merle Hays, Higgins, Holmes, Holsclaw, Hoopes, Hum,phrey,
Hutcheson, Hutto, Jordan, Klauer, Knoles, Koch, Kret, Larson, Lines,
McClellan, Martin, Miller, Moody, George Peck, Ruth Peck, Porter,
Pugh, Reese, Rhodes, Riggs, Rosenbaum, Rowland, Ryan, Schellenberg,
Scudder, Shreeve, Smith, Stephens, Stump, Thode, Toscano, Traficanti,
Van Dyke, Varn, Vipperman, Webster, Wessler, Wilcox, Wood, Speaker
Cook-71.
EXCUSED: Burgess, Carreon, Ellsworth, Gray, Priscilla Hays, King,
Lindner, Walker, Ybarra-9.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Burgess, Carreon, Priscilla Hays, King, Lindner, Ybarra.
Reverend L. J. Dunbar, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal o,f Monday, July 24,
1961, was dispensed with, and app['oved as written.
PERSONAL PRIVILEGE
The following Member asked that his remarks be entered in
the Journal:
Myths in the field of the control of illegal narcotics.
The first is the so-called free-drug clinic system.
NINTH DAY
TUESDAY, JULY 25, 1961
28 HOUSE JOURNAL-FIRST' SPECIAL SESSlON
The true record devastates this myth completely. Many
studies in England, to find this "British System", have been
made by eminent doctors, legal minds and pharmacologists.
Here is a direct quote from Commissioner Ans.linger of the
Federal Narcotics Bureau-"The meaningless words 'British
System' were conceived in the confused brain of a self­appointed
narcotic expert, an American college professor
who concealed his ignorance of the problem by ostentation
of seeming wisdom. Obviously he was an avid student of the
method of dictators who poisoned their subjects by making a
statement simrp,le, saying it often, and making it burn.
Pseudo narcotic experts quickly seized on this as a panacea.
After a penetrating analysis by Mr. M. L. Harney on the cold
facts of the British System the hard-on-the-spot look by Dr.
James C. Munch, the skeptical statement by Honorable
Paul R. Martin, and the brilliant report by Drs. G. W. Lari­more
and Henry Brill, the British System was reduced to
an unrecognizable shambles.
The coup de grace was given by Mr. T. C. Green of the
British Home Office, who said the British System is an in­vention
of certain, Americans thereby administering ex­treme
unction to an already decaying corpse which never
drew breath or saw the light of day.".
F. A. HIGGINS.
John H. Haugh announced the existence of a memorandum
on the Members desks concerning the number of liquor li­censes
leased out with the number held.
REPORTS OF STANDING COMMITTEES
The following standing committee reports were read:
Judiciary, L. Alton Riggs, Chairman.
SENATE BILL 1, constitutional and in proper form.
SENATE CONCURRENT MEMORIAL 1, constitutional and
in 1pa:-oper form.
SENATE JOINT MEMORIAL 1, constitutional and in proper
form.
Public Health, Nelson D. Brayton, Chairman.
SENATE BILL 1, recommended do pass.
SENATE CONCURRENT MEMORIAL 1, recommended do
pass.
SENATE, JOINT MEMORIAL 1, recommended do pass.
State Government, E. B. Thode, Chairman.
SENATE BILL 1, recommended do pass.
NINTH DAY
TUESDAY, JULY 25, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 29
SENATE CONCURRENT MEMORIAL 1, recommended do
pass.
SENATE JOINT MEMORIAL 1, recommended do pass.
Rules, Robert R. Hathaway, Vice-Chairman.
SENATE BILL 1.
SENATE CONCURRENT MEMORIAL 1.
SENATE JOINT MEMORIAL 1.
MOTION TO GO INTO COMMITTEE OF THE WHOLE
Motion by Mr. Stephens, seconded by Mr. Hathaway, that the House
resolve itself into a Committee of the Whole for the consideration Olf
the bills on the Calendar. Carried, and at 10: 15 A.M., the House
resolved itself into a Committee of the Whole, Mr. Miller in the
Chair.
At 10: 18 A.M., the Committee of the Whole was dissolved and Mr.
Miller, Chairman, reported:
That Senate Bill 1 do pass.
That Senate Concurrent Memorial 1 do 1pass.
That Senate Joint Memorial do pass.
Motion by Mr. Stephens, seconded by Mr. Hathaway, that the report
of the Committee of the Whole be adopted, and that the bills be
properly assigned. Carried.
DISPOSITION OF BUSINESS FROM COMMITTEE OF THE WHOLE
Senate Bill 1, Senate Concurrent Memorial 1 and Senate Joint Memor­ial
1 were placed under the Order of Business, Third Reading of Bills.
At 10: 35 A.M., the Sergeant at Arms announced the seating of Mr.
Walker.
THIRD READING OF BILLS
The following bills were read the third time in full:
SENATE BILL 1, entitled, An Act, relating to narcotics; regulating the
use, production, sale, distribution and dispensing of narcotic drugs;
prescribing penalties; prescribing conditions for placing offenders
on probation; prescribing treatment for narcotic addicts; amending
Sections 36-1001, 36-1002, 36-1019 and 36-10,62, Arizona Revised Stat­utes;
amending Title 36, Chapter 9, Article 1, Arizona Revised Statutes,
by adding Sections 36-1002.01 to 36-1002.10, inclusive; amending T'itle
36, Chapter 9, Article 3, Arizona Revised Statutes, by adding Sections
NINTH DAY
TUESDAY, JULY 25, 1961
30 HOUSE JOURNAL---FIRST SPECIAL SESSION
36-1062.01, 36-1062.02 and 36-1062.03, and repealing Sections 36-1020,
36-1022 and 36-1023, Arizona Revised Statutes.
On roll call SENATE BILL 1 passed the House by the following vote:
AYES: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, EJiot, Elliott, Ellis, Eubank, Fridena, Gilbert, Glancy, Hathaway,
Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins, Holmes,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, ·King,
Klauer, Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin,
Miller, Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes,
Riggs, Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve,
Smith, Stephens, Stump, Thode, Toscano, Traficanti, Van Dyke, Varn,
Vipperman, Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker
Cook-78.
NOT VOTING: Ellsworth, Gray-2.
The following Member asked that explanation of his vote be entered
in the Journal:
I wish to support whole-heartedly, the provisions provided
in Senate Bill 1. We have taken the first long step1 toward a
complete and modern narcotics control program in Arizona.
The result of the Citizens' Narcotics Study Committee, many
Members of this House including Mr. Stephens and myself,
and the interim work of the Senate Narcotics Study Com­mittee.
However, with some knowledge of the subject I would be
remiss if I did not call respectful attention to one area
of the problem not covered in Senate Bill 1. It is that we
are not allowing our enforcement people, who have the
prime duty, in this field, the use of an opiate anti-narcotic
inaction as an important tool in their work. This, if done in
t.he •future, can add to the overall area of evidence in getting
the addict off the street and out of the clutches of the pusher.
California allows this. Illinois allows this. It is my hope and
I trust yours, that very soon our narcotics control program
can be made complete in Arizona by adding this important
feature. I feel optimistic in the area of the Judicial Branch
using these tests as a part of the probation requirements.
I vote "AYE".
F. A. HIGGINS.
Senate Bill 1 was signed in open session by Speaker Cook.
SENATE CONCURRENT MEMORIAL 1, A Concurrent Memorial,
recommending to the Congress of the United States that research be
undertaken in five major areas relating to narcotic drug addiction
and methods of treating narcotic drug addicts.
On roll call SENATE CONCURRENT MEMORIAL 1 passed the House
by the following vote:
NINTH DAY
TUESDAY, JULY 25, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 31
AYES: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brew.er,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt,
Dover, E,lias, Eliot, Elliott, Ellis, Eubank, Fridena, Gilbert, Glancy,
Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins,
Holmes, Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan,
King, Klauer, Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan,
Martin, Miller, Moody, George Peck, Ruth Peck, Pugh, Reese, Rhodes,
Riggs, Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve,
Smith, Stephens, Stump, Thode, Toscano, Traficanti, Van Dyke, Varn,
Vipperman, Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker
Cook-77.
NOT VOT'ING: Ensworth, Gray, Porter-3.
Senate Concurrent Memorial 1 was signed in open session by Speaker
Cook.
SENATE JOINT MEMORIAL 1, A Joint Memorial, requesting the
United States Treasury Department to implement existing practices
for the purpose of permitting its customs service and the Bureau of
Narcotics to maintain a more rigid border insipection and thereby
prevent the illegal importation of narcotic drugs.
On roll call SENATE JOINT MEMORIAL 1 passed the House by
the following vote:
AYES: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, Eliot, Elliott, Ellis, Eubank, Fridena, Gilbert, Glancy, Hathaway,
Haugh, Hawkins, Merle Hays, Priscilla Hays, Higgins, Holmes, Hol­sclaw,
Hoopes, Humphrey, Hutcheson, Hutto, Jordan, King, Klauer,
Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, Ge0crge Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Stephens, Stump, Thode, Toscano, Tr,aficanti, Van Dyke, Varn, Vipper­man,
Walker, Webster, Wessler, Wilcox, Wood, Ybarra, Speaker Cook
-78.
NOT' VOTING: Ellsworth, Gray-2.
Senate Joint Memorial 1 was signed in open session by Speaker Cook.
Motion by Mr. Stephens, seconded by Mr. Hathaway, that the House
stand adjourned. Carried at 11: 00 A.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
TENTH DAY
WEDNESDAY, JULY 26, 1961
32 HOUSE JOURNAL-FIRST SPECIAL SE:SSION
TENTH DAY
WEDNESDAY, JULY 26, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer;
Burson, Carreon, Carson, Cook, DeWitt, Dover, Elias, Eliot, Elliott,
Ellis, E:ubank, Fridena, Gilbert, Glancy, Gray, Haugh, Hawkins, Merle
Hays, Priscilla Hays, Higgins, Holsclaw, Hoopes, Humphrey, Hutche­son,
Hutto, Jordan, King, Klauer, Kret, Larson, Lindner, Lines, Mc­Clellan,
Martin, Miller, Moody, George Peck, Ruth Peck, Pugh, Rhodes,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Stephens, Stump, Thode, Traficanti, Van Dyke, Varn, Vipperman,
Walker, Webster, Wessler, Wood, Ybarra, Speaker Cook-67.
EXCUSED: Burgess, Crane, Dalton, Ellsworth, Hathaway, Holmes,
Knoles, Koch, Porter, Reese, Riggs, Toscano, Wilcox-13.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Burgess, Crane, Hathaway, Porter, Reese, Riggs, Toscano.
Reverend L. J. Dunbar, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Tuesday, July 25,
1961, was, dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Hathaway addressed the House on an Honorable Oc­casion-
Birthday of Mr. Milton Lines, oldest Member in
point of service.
Motion by Mr. Stephens, seconded by Mr. Hathaway, that the House
stand adjourned. Carried at 10: 06 A.M.
ATTESI': RUBY H. SANDERS,
Chief Clerk o'f the House.
W. L. "TAY" COOK,
Speaker of the House.
ELEVENTH DAY
THURSDAY, JULY 2'7, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 33
ELEVENTH DAY
THURSDAY, JULY 27, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, Eliot, Elliott, Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy,
Hathaway, Haugh, Hawkins, Merle Hays, Priscilla Hays, Holmes,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, King, Klauer,
Knoles, Koch, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porrter, Pugh, Reese, Riggs, Ros:en­baum,
Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith, Sterph-­ens,
Stump, Thode, Toscano, Tra.ficanti, Van Dyke, Varn, Vipperman,
Walker, Webster, Wessler, Wood, Ybarra, Speaker Cook-75.
EXCUSED: Gray, Higgins, Kret, Rhodes, Wilcox-5.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Members
Gray and Higgins.
Father Victor Bucher, Chaplain of the House, offered prayer.
Without objection, the reading of the Journal of Wednesday, July 2.6,
1961, was dispensed with, and approved as written.
PERSONAL PRIVILEGE
Mr. Vipperman addressed the House on School Legislation.
REPORTS OF STANDING COMMITTEES
The following standing committee reprnrts were read:
Banking, Insurance and Corporations, Merle Hays, Chairman.
HOUSE BILL 3, returned for consideration of the House.
County Affairs, Bill Stephens, Chairman.
HOUSE BILL 3, returned for consideration of the House.
State Government, E. B. Thode, Chairman.
HOUSE BILL 3, returned for consideration of the House.
Motion by Mr. Stephens, seconded by Mr. Ells,worth, that the House
stand at recess until 2: 00 P.M. Carried at 10: 18 A.M.
AFTERNOON SESSION
At 2: 00 P.M., the House resumed session, Speaker Cook presiding.
At 2: 00 P.M., the Sergeant at Arms. announced the seating of Members
Kret and Rhodes.
TWELFTH DAY
FRIDAY, JULY 28, 1961
34 HOUSE JOURNAL-FIRST SPECIAL SESSION
Without objection, the House referred to the Order of Business:
BUSINESS DN THE SPEAKER'S DESK
Communications from the Governor, Paul Fannin, on approval of the
following bills, were read and filed.
SENATE BILL l, signed July 27, 1961.
SENATE JOINT' MEMORIAL 1, signed July 25, 1961.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned. Carried at 2: 01 P.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
TWELFTH DAY
FRIDAY, JULY 28, 1961
The House met at 10: 00 A. M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, Dover, Elias,
Eliot, Elliott, Ellis, Ellsworth, Eubank, Fridena, Gilbert, Glancy, Gray,
Hathaway, Haugh, Hawkins, Mecrle Hays, Pdscilla Hays, Higgins,
Holmes, Holsclaw, Hoopes, Hutcheson, Hutto, Jordan, King, Klauer,
Knoles, Koch, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Stephens, Stump, Thode, Toscano, Traficanti, Van Dyke, Varn, Vip­perman,
Walker, Webster, Wessler, Ybarra, Speaker Cook-75.
EXCUSED: DeWitt, Humphrey, Kret, Wilcox, Wood-5.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mem­bers
Kret and Wood.
Father Victor Bucher, Chapilain of the House, offered prayer.
Without objection, the reading of the Journal of Thursday, July 27,
196,1, was dispensed with, and approved as written.
BILLS AND OTHER BUSINESS FROM THE SENATE
Messages from the Senate by Louise C. Brimhall, its secretary, were
read:
TWELFTH DAY
FRIDAY, JULY 28, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSJ:ON 35
HOUSE BILL 1, passed by a vote of 24 ayes, 4 nays, with
the :following amendments:
After the enacting clause insert:
"Section 1. Sec. 4-101, Arizona Revised Statutes,
is amended to read:
"4-101. Definitions
"In this title, unless the context otherwise re­quires:
"1. 'Beer' means any beverage obtained by the
alcoholic fermentation, infusfon or decoction of
barley malt, hops, or other ingredients not drink­able,
or any combination of them.
"2. 'Broken package' means any container of
spirituous liquor on which the United States tax
seal has been broken or removed, or from which
the cap, cork or seal placed thereupon by the
manufacturer has been removed.
"3. 'Club' includes any of the following organ­izations
where the sale of spirituous, liquor for
consumption on the ;premises is made to members
only:
"(a) A post, chapter, camp or other local unit
composed solely of veterans and its duly recog­nized
auxiliary, and which is a post, chapter,
camp or other local unit composed solely of vet­erans
which has been chartered by the Congress
of the United States for patriotic, fraternal or
benevolent pur1pioses, and which has, as the owner,
lessee or occupant, operated an establishment for
that purpose in this .state.
"(b) A chapter, aerie, parlor, lodge or other
local unit of an American national fraternal or­ganization
which has as the owner, lessee or oc­cupant
operated an establishment for fraternal
purposes in this state. An American national >fra­ternal
organization as used in this subdivision
shall actively o[Perate in not less than thirty-six
states or have been in active continuous exist-
,ence for not less than twenty years. · ·
'" (c) A hall or building association of such a
local unit mentioned in subdivisions (a) and (b),
all of the capital stock of which is owned by the
local unit or the members, and which operates
the club room facilities, of the local unit.
"(d) A golf club which has more than fifty bona
fide members which owns, maintains m: operates
a bona fide golf links together with a club house.
TWELFTH DAY
FRIDAY, .JULY 28, 1961
36 HOUSE JOURNA~FIRST SPECIAL SESSION
"(e) A social club with more than one hundred
bona fide members who are actual residents of
the county in which it is located, which owns,
maintains or operates club quarters, and which
is authorized and incorporated to operate as a
nonprofit club under the laws of this state, and
has been continuously incorporated and operat­ing
fm a period of not less than one year. The
club shall have had, during such period of one
year, a bona fide membershiJpi with regular meet­ings
conducted at least once each month, and the
membership shall be and shall have be.en actively
engaged in carrying out the objects of the club.
The club's membership shall consist of bona fide
dues-paying members paying at least six dollars
per year, payable monthly, quarterly or annu­ally,
which have been recorded by the secretary
of the club, and the members at the time of ap­plication
for a club license shall be in good stand­ing
having for at least one full year paid dues.
At least fifty-one per cent of the members shall
have signified their intention to secure a social
club license by personally signing a p1etition, on
a form prescribed by the superintendent, which
shall also include the correct mailing address o!f
each signer. The petition shall not have been
signed by a member at a date earlier than thirty
days prior to the filing of the petition. The club
shall qualify for exemption from the payment
of state income taxes under the provision of title
43, it being the intent of this paragraph that a
license shall not be granted to a club which is,
or has been, wimarily formed or activated to
obtain a license to sell liquor, but solely to a bona
fide club, where the sale of liquor is incidental
to the main purposes of the club.
"4. 'Company' or 'association', when used in ref­erence
to a corporation, includes successors ocr
assigns.
"5. 'Election days' means the biennial primary
election for the nomination of United States,
state, county and precinct officers, a special elec­tion
called pursuant to Section 1, Article 21 of
the Constitution, and the biennial general eleo­tton.
"6. 'Off-sale retailer' means any person operat­ing
a bona fide regularly established retail liq­uor
store selling spirituous liquors, wines and
beer, and any established retail store selling com­modities
other than spirituous liquors and engaged
in the sale of spirituous liquors only in the orig­inal
package, to be taken away from the premises
TWELFTH DAY
FRIDAY, JULY 28, 1961
HOUSE JOURNAL-FIRST SPECTAL SESSION 37
of the retailer and to be consumed off the prem­ises.
"7. 'On-sale retailer' means any person operat­ing
an establishment where spirituous liquors are
sold in the original container for consumption on
or off the premises and in individual portions for
consumption on the 1premises.
"8. 'Person' includes partnership, association,
company or corporation, as well as a natural per­son.
"9. 'Sell' includes soliciting or receiving an or­der
for, keeping or exposing for sale, delivering
for value, peddling, keeping with intent to sell
and trafficking in.
"10. 'Spirituous liquor' includes alcohol, brandy,
whiskey, rum, tequila, mescal, gin, wine, porter,
ale, beer, any malt liquor, malt beverage, ab­sinthe
or compound or mixture of any of them,
or of any of them with any vegetable or other
substance, alcohol bitters, bitters containing al­cohol,
and any liquid mixture or preparation,
whether patented or otherwise, which produces
intoxication, fruits preserved in ardent spirits,
and beverages, containing more than one-half of
one percent of alcohol by volume.
"11. 'Vehicle' means any means of transporta­tion
by land, water or air, and includes every­thing
made use of in any way for such trans­portation.
"12. 'Veteran' means a person who has. served
in the United States army, navy, marine corps,
revenue marine service, as an active nurse in
the services of the American Red Cross, in the
army and navy nurse corps in time of war, or
in any expedition of the armed forces of the
United States, and has received a discharge other
than dishonorable.
"13. 'Wine' means the product obtained by the
fermentation of grapes or other agricultural
products containing natural or added sugar or
any such alcoholic beverage fortified with grape
brandy and containing not more than twenty­four
percent of alcohol by volume.".
Renumber following sections to conform.
Page 1, line 21, strike "To grant" and insert
"Grant".
Page 2, line 7, after "document" insert "which
document shall be".
TWELFTH DAY
FRIDAY, .JULY 28, 1961
38 HOUES JOURNAL-FIRST SPECIAL SESSION
Page 2, line 14, strike "eight thousand four hun­dred"
and insert "nine thousand six hundred".
Page 4, line 27, after "felony" strike the period
and insert "involving moral turpitude. No cor­poration
shall have its annual license issued or
renewed unless it has on file with the superin­tendent
a list of its officers and directors and any
stockholders who own ten percent or more of the
corporation. No corporation shall have its spir­ituous
liquor license issued or renewed if any
of its officers or directors or any stockholders
who own ten percent or more of the corporation
have within five years been convicted of a fel­ony
involving moral turpitude.".
Page 6, line 4, strike ", upon termination of the
lease," and on the last line of the subsection after
"lessor" strike the period and insert "upon ex­piration
of the lease, or upon any termination of
the lease, or by December 31, 1966, whichever is
sooner.".
Pages 8 and 9, strike Subsections A, B, C and D
and insert:
"A. The total number of spirituous liquor li­censes
issued within a single county for on-sale
retailers' licenses providing for consumption on
the premises of all spirituous liquors shall not
exceed:
"1. One license for each one thousand inhab­itants
for the first twenty-four thousand inhab-,
itants within the county, and in addition
''2. One license for each two thousand inhabit­ants
for the population within the county from
twenty-five thousand through one hundred
thousand inhabitants, and in addition
"3. One license for each two thousand five hun­dred
inhabitants for the population within the
county from one htmdred one thousand inhabit­ants.
"B. The total number of spirituous liquor li­censes
issued within a single county for on-sale
retailers' licenses providing for consumption on
the premises of beer and wine shall not exceed
one license for each five hundred inhabitants,
including licenses permitting the sale of beer and
wine as provided in Subsection A.
"C. The total number of spirituous liquor li­cel}
ses issued within a single county for off-sale
retailers' licenses providing for the sale of spir­ituous
liquors, wines and beer only in the orig.c.
TWELFTH DAY
FRIDAY, JULY 28, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 39
inal packages to be taken from and consumed 0 1ff
the premises shall not exceed:
"l. One license for each one thousand inhabit­ants
for the first twenty-four thousand inhabit­ants
within the county, and in addition
"2. One license for each two thousand inhab­itants
for the population within the county from
twenty-five thousand through one hundred thou­sand
inhabitants, and in addition
"3. One license for each two thousand five hun­dred
inhabitants for the population within the
county from one hundred one thousand inhabit­ants.
"D. Club licenses, hotel, motel or restaurant li­censes
issued pursuant to Section 4-2,05.01, and
any license issued to a lessee pursuant to Section
4-212 shall not be considered in determining the
legal number of licenses permitted in any county.
"E. The population of a county shall be deemed
to be the population as last determined by the
bureau of the census, less the number of Indian
wards of the United States residing therein, as
shown by the census.
"F. Subsections A, B, and C shall not be con­strued
to prevent any licensee holding a valid
license on March 30, 1950, or his transferee, from
continuing the licensed business or from renew­ing
his license, subject to compliance with the
provisions of law and the rules and regulations
of the superintendent, regardless of the fact that
the continuance or renewal may result in there
being outstanding, in any county, licenses in ex­cess
of the number provided in Subsections A,
Band C.".
Reletter following subsection to conform.
Page 10, line 4, after "licenses" strike "issued and
in effect" and insert "permitted to be issued as
provided by the terms of this Section.".
Page 11, lines 2 and 3, strike "one hundred" and
insert "twenty-five".
Page 12, after line 12, strike balance of page and
insert:
"l. Distiller's license, three hundred 'fifty dol­lars.
"2. Brewer's license, three hundred fifty dollars.
"3. Winer's license, one hundred fifty dollars.
TWELFTH DAY
FRIDAY, JULY 28, 1961
40 HOUSE JOURNAL-FIRST SPECIAL SESSION
"4. Wholesaler's license to sell all spirituous
liquors, two hundred fifty dollars.
"5. Wholesaler's license to sell wine and beer,
one hundred dollars.
"6. On-sale retailer's license to sell all spirit­uous
liquors by individual portions and in the
original containers, one hundred fifty dollars.
"7. On-sale retailer's license to sell wine and
beer by individual portions and in the original
containers, seventy-five dollars.
"8. On-sale retailer's license to sell beer by in­dividual
portions and in the original containers,
twenty-five dollars.
"9. Off-sale retailer's license to sell all spir­ituous
liquors, fifty dollars.
"10. Off-sale retailer's license to sell wine and
beer, fifty dollars.
"11. Off-sale retailer's license to sell beer,
twenty-five dollars.".
Page 13, line 4, after "railroad company" strike
"four hundred fifty" and insert "two hundred
twenty-five".
Page 13, line 8, strike "four hundred fifty" and
insert "two hundred twenty-five".
Page 13, line 10, after "on-sale" strike "three
hundred" and insert "one hundred fifty".
Page 13, line 14, after "motel," strike "one thou­sand"
and insert "five hundred".
Page 13, line 17, after "restaurant," strike "one
thousand" and insert "five hundred".
Page 13, strike line 25 and balance of page and
insert:
"l. Distiller's license, three hundred fifty dol­lars.
"2. Brewer's license, three hundred fifty dollars.
"3. Winer's license, one hundred fifty dollars.
"4. Wholesaler's license to sell all spirituous
liquors, two hundred fifty dollars.
"5. Wholesaler's license to sell wine and beer,
one hundred dollars.
"6. On-sale retailer's license to sell all spir­ituous
liquors by individual ,portions and in the
original containers, one hundred fifty dollars.".
TWELFTH DAY
FRIDAY, JULY 28, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 41
Page 14, strike lines 1 to 19 inclusive, and insert:
"7. On-sale retailer's license to sell wine and
beer by individual portions and in the original
containers, seventy-five dollars.
"8. On-sale retailer's license to sell beer by
individual portions and in the original contain­ers,
twenty-five dollars.
"9. Off-sale retailer's license to sell all spirit­ous
liquors, 'fifty dollars.
"10. Off-sale retailer's license to sell wine and
beer, fifty dollars.
"11. Off-sale retailer's license to sell beer, twen­ty-
five dollars.
"12. Railroad license issued in the name of an
operating railroad company to sell all spirituous
liquors in individual portions or in the original
containers on ,all passenger trains operated by
the railroad company, two hundred twenty-five
dollars.
"13. Airline license issued in the name of an
operating airline company to sell or serve spir­ituous
liquors solely in individual portions on
all passenger planes operated by the airline com­pany,
two hundred twenty-five dollars.".
Page 15, line 22, strike "expired".
Page 15, line 23, strike "expiration" and insert
"reversion" and after "lease" insert "as provided
in Section 4-203, Subsection E".
Strike the title and insert:
"Relating to alcoholic beverages; amending Sec­tions
4-101, 4-112, 4-201, 4-202, 4-203, 4-206, 4-207,
4-209, and 4-210, Arizona Revised Statutes, and
amending Title 4, Chapter 2, Article 1, Arizona
Revised Statutes, by adding Sections 4-205.01,
4-205.02 and 4-211.".
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
do not concur in the Senate amendments to House Bill 1, and that a
House Free Conference Committee be al)),pointed to meet with a like
committee from the Senate in the matter of disagreement to Senate
amendments to House Bill 1. Carried, and Speaker Cook appointed
Members Stephens, Cook (Pima), Webster, Hutto and Smith.
SENATE BILL 3, passed by a vote of 28 ayes.
FIRST READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the first time
by number and title:
TWELFTH DAY
FRIDAY, JULY 28, 1961
42 HOUSE JOURNAL-FIRST SPECIAL SE!SSION
SENATE BILL 3, An Act, relating to alcoholic beverages; prescribing
fees, and amending Section 4-209, Arizona Revised Statutes.
Motion by Mr. Stephens, seconded by Mr. Ensworth, that the rules be
suspended, an emergency declared, and that Senate Bill 3 be placed
under the Order of Business, Second Reading of Bills, for today.
Carried by a two-thirds vote of all members elected to the House.
SECOND READING OF BILLS
By two-thirds consent, constitutional requirement, Article IV, Section
12, was dispensed with, and the following bill was read the second
time by number and title:
SENATE BILL 3, amending laws to regulate the issuance and trans­fer
of sipirituous liquor licenses. Referred to Committees on Judici­ary,
and State Government.
PERSONAL PRIVILEGE
Mr. Haugh addressed the House concerning the Conference
Committee on House Bill 1.
At 10: 16 A.M., the House stood at recess, subject to the call of the
gavel.
At 11: 30 A.M., Speaker Cook called the House to order.
At 11: 30 A.M., the Sergeant at Arms announced the seating of Mr.
Humphrey.
Without objection, the House referred to the Order of Business:
BILLS AND OTHER BUSINESS FROM THE SENATE
A message from the Senate by Louise C. Brimhall, its secretary, was
read:
HOUSE BILL 1, acceded to House request and appointed
Senate Free Conferees Giss, Simms, Wine, Corbett and
Morrow.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand adjourned until 10: 00 A.M., Monday, July 31, 1961. Carried at
11:32 A.M.
ATTEST: RUBY H. SANDERS,
Chief Clerk of the House.
W. L. "TAY" COOK,
Speaker of the House.
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRST' SPECIAL SESSION 43
FIFTEENTH DAY
MONDAY, JULY 31, 1961
The House met at 10: 00 A.M., pursuant to adjournment, Speaker Cook
presiding.
Attendance roll call was as follows:
PRESENT: Austin, Barkley, Berry, Biles, Botzum, Brayton, Brewer,
Burgess, Burson, Carreon, Carson, Cook, Crane, Dalton, DeWitt, Dover,
Elias, Elfot, Elliott, Ellis, EUsworth, Eubank, Fridena, Gilbert, Glancy,
Gray, Hathaway, Haugh, Hawkins, Mede Hays, Priscilla Hays, Hig­gins,
Holsclaw, Hoopes, Humphrey, Hutcheson, Hutto, Jordan, Klauer,
Knoles, Koch, Kret, Larson, Lindner, Lines, McClellan, Martin, Miller,
Moody, George Peck, Ruth Peck, Porter, Pugh, Reese, Rhodes, Riggs,
Rosenbaum, Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith,
Steipihens, Stump, Thode, Toscano, T'raficanti, Van Dyke, Varn, Vip­perman,
Walker, Webster, Wessler, Ybarra, Speaker Cook-76.
EXCUSED: Holmes, King, Wilcox, Wood,--4.
At 10: 01 A.M., the Sergeant at Arms announced the seating of Mr.
Wood.
Father Victor Bucher, Chaplain of the House, offered prayer.
The Pledge of Allegiance to the Flag of the United States, w:as led
by Mrs. Enis.
Without objection, the reading of the Journal of Friday, July 28,
1961, was dispensed with, and approved as written.
Privileges of the floor were extended to Mr. Jack Schrade, Member
of the California Legislature.
REPORTS OF STANDING COMMITTEES
The following standing committee reports were read:
County Affairs, Bill Stephens, Chairman.
HOUSE BILL 4, returned for consideration of the House.
State Government, E .. B. Thode, Chairman.
SENATE, BILL 3, returned for consideration of the House.
HOUSE BILL 4, returned for consideration of the House.
At 10: 12 A.M., the House stood at recess, subject to the call of the
gavel.
AFTERNOON SESSION
At 4: 30 P.M., the House resumed session, Speaker Cook presiding.
At 4: 30 P.M., the Sergeant at Arms announced the seating of Members
Holmes and King.
FIFTEENTH.DAY
MONDAY, JULY 31, 1961
44 HOUSE JOURNAL-FIRST SPECIAL SESSION
Without objection, the House referred to the Order of Business:
REPORTS OF STANDING COMMITTEES
The following standing committee reports were read:
Judiciary, L. Alton Riggs, Chairman.
HOUSE BILL 4,
Majority: constitutional and in proper form.
CLARA OSBORNE BOTZUM,
ETTA MAE HUTCHESON,
RAY MARTIN,
JAMES S. SHREEVE,
JOHN WOOD,
M. 0. LINDNER,
LOUIS B. ELLSWORTH, JR,
ROBERT L. KLAUER,
GENE B. McCLELLAN,
THOMAS D. FRlDENA,
DON REESE,
L. ALTON RLGGS,
Chairman.
Minority; not constitutional and not in proper form.
NELSON D. BRAYTON,
DAVID G. HAWKINS,
RALPH W. KOCH.
Public Health, Nelson D. Brayton, Chairman.
HOUSE BILL 4, returned for consideration of the House.
REPORTS OF SELECT COMMITTEES
The Free Joint Conference Committee on House Bill 1 reported:
Your Free Joint Conference Committee on House Bill 1,
amending laws to regulate the issuance and transfer of
spirituous liquor licenses, respectfully recommends:
(Senate engrossed bill)
That the Senate amendments to House Bill 1 be accepted
with further amendments as follows:
Page 8, first line of subsection D, after "issued"
insert "or renewed".
Page 10, sixth line from top of page, strike "1966"
and insert "1963".
Page 15, second and third lines from top of page,
after "licenses", strike "pe,rmitted to be issued
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRS,T SPECIAL SESSION 45
as provided. by the terms of this section" and in­sert
"issued and in effect".
Page 16, third and fourth lines from top of page,
after "shall be" strike "twenty-five" and insert
"fifty".
Page 17, second line of paragraph 4, subsection
D, strike the period and insert:
"and, commencing January 1, 19·63, an. additional
amount equal to one per cent of the gross sales
of spirituous liquors made by such wholesaler
during the calendar year 1962, and each year
thereafter, such additional amount to be based
on the groS& sales of spirituous liquors made by
such wholesaler during the calendar year. im­mediately
preceding.".
Page 17, second line of paragraph 5 of subsection
D, strike the period and insert:
"and, commencing January 1, 1963,. an additional
amount equal to one per cent of the gross sales
of spirituous liquors made by such wholesaler
during the calendar year 1962, and each year
thereafter, such additional amount to be based on
the gross sales of spirituous liquo,rs made by such
wholesaler during the calendar year immedi­ately
preceding.".
Page 19, subsection F:
Paragraph 1, strike "three hundred fifty" and
insert "five hundred".
Paragraph 2, strike "three hundred fifty'; ari.d
insert "five hundred".
Paragraph 3, strike "one hundred fifty" and in­sert
'.'three hundred".
Paragraph 4, strike "two hundred fifty" and in­sert
"five hundred" .
. Paragraph 5, strike "one hundred" and insert
"two hundred". ·
Paragraph 6, strike "one hundred fifty" and in-sert
"three hundred". .
Paragraph 7, strike "seventy-five" and insert
"one· hundred fifty".
Paragraph 8, strike "twenty-five" and insert
"fifty".
Paragraph 9,. strike "tifty''. and lll$ert "one hui::i­dred".
FIFTEENTH DAY
MONDAY, JULY 31, 1961
46 HOUSE JOURNAL-FIRST SPECIAL SESSION
Paragraph 10, strike "fifty" and insert "one hun­dred".
Paragraph 11, strike "twenty-five" and insert
"fifty".
Paragraph 12, last line, strike "two hundred
twenty-five" and insert "four hundred fifty".
Paragraph 13, last line, strike "two hundred
twenty-five" and insert "four hundred fifty".
Page 21, Section 4-2,11, strike all of subsection A
and insert:
"A. Upon the reversion of a license as pro­vided
in section 4-203, subsection E, the super­intendent
shall issue to the lessee from whom the
license reverted a license of the same class as
that which reverted, provided such lessee makes
application within six months from the date of
reversion for such license in accordance with
section 4-201.".
SENATE CONFEREES:
HAROLD C. GISS,
Chairman.
DAVID S. WINE,
M. L. SIMMS,
H. S. CORBETT,
ROBERT K MORROW.
HOUSE; CONFEREES:
BILL STEPHENS,
Chairman.
ROBERT' H. HUTTO,
FREDERICKS. SMITH,
THOMAS C. WEBSTER,
HAROLD L. COOK.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
adopt the report of the Free Joint Conference Committee on House
Bill 1. Carried by the following vote:
AYES: Austin, Botzum, Brayton, Burgess, Carreon, Carson, Cook,
Dalton, Dover, Elias, Eliot, Ellis, Ellsworth, Fridena, Glancy, Gray,
Hathaway, Haugh, Merle Hays, Holmes, Holsclaw, Hoopes, Hutcheson,
Hutto, Jordan, King, Klauer, Larson, Lindner, Lines, McClellan, Mar­tin,
Miller, Moody, George Peck, Pugh, Rowland, Ryan, Schellenberg,
Scudder, Shreeve, Smith, Stephens, Stump, Thode, Toscano, Vipper­man,
Walker, Webster, Ybarra, Speaker Cook-51.
NAYS: Barkley, Berry, Brewer, Burson, DeWitt, Elliott, Eubank,
Gilbert, Hawkins, Priscilla Hays, Higgins, Humphrey, Knoles, Koch,
Kret, Ruth Peck, Porter, Reese, Rhodes, Riggs, Rosenbaum, Traficanti,
Van Dyke, Varn, Wessler, Wood-26.
NOT VOTING: Biles, Crane, Wilcox-3.
At 5: 18 P.M., the House stood at recess, subject to the call of the
gavel.
At 6: 25 P.M., Speaker Cook called the House to order.
Without objection, the House referred to the Order of Business:
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 47
BUSINESS ON THE SPEAKER'S DESK
A communication from the Governor, Paul Fannin, on approval of the
following bill, was read and filed:
SENATE CONCURRENT MEMORIAL NO. l, signed July
28, 1961.
BILLS AND OTHER BUSINESS FROM THE SENATE
A message from the Senate by Louise C. Brimhall, its secretary, was
read:
HOUSE BILL 1, adopted report of Free Joint Conference
Committee.
FINAL PASSAGE
The following bill, as amended by the Free Joint Conference Com­mittee,
was read the final time in full:
HOUSE BILL l, entitled, An Act, relating to alcoholic beverages;
amending Sections 4-101, 4-112, 4-201, 4-202, 4-203, 4-206, 4-207,
4-209, and 4-210, Arizona Revised Statutes, and amending T'itle 4,
Chapter 2, Article l, Arizona Revised Statutes, by adding Sections
4-205.01, 4-205.02 and 4-211.
On roll call HOUSE, BILL 1 passed the House by the following vote:
AYES: Austin, Biles, Botzum, Brayton, Burgess, Carreon, Carson,
Cook, Dalton, Dover, Elias, Eliot, Ellis, EUsworth, F'ridena, Glancy,
Gray, Hathaway, Haugh, Merle Hays, Holmes, Holsclaw, Hoopes,
Hutcheson, Hutto, Jordan, King, Klauer, Knoles, Lindner, Lines,
McClellan, Martin, Miller, Moody, George Peck, Pugh, Rosenbaum,
Rowland, Ryan, Schellenberg, Scudder, Shreeve, Smith, Stephens,
Stump, Thode, Toscano, Vipperman, Walker, Webster, Wessler, Ybarra,
Speaker Cook-54.
NAYS: Barkley, Berry, Brewer, Burson, DeWitt, Elliott, Eubank,
Gilbert, Hawkins, Priscilla Hays, Higgins, Humphrey, Koch, Kret,
Larson, Ruth Peck, Porter, Reese, Rhodes, Riggs, T'raficanti, Van Dyke,
Varn, Wood-24.
NOT VQITING: Crane, Wilcox-2.
The following Members asked that explanation of their votes be en­tered
in the Journal:
Not all things are perfect.
I should prefer to see a complete abolition of the quota
law, but I feel we have in essence, broken the back of the
quota system by removing licenses issued to hotels, motels
and restaurants from the system.
We have permitted non-users of alcohol to testify-a right
previously denied them.
We have ended the future leasing of licenses, and provided
for an end to leases now in existence.
FIFTEEN'l'H DAY
MONDAY, JULY 31, 1961
48 HOUSE JOURNAL-FIRST SPECIAL SESSION
We have raised fees-perhaps not enough, but we have
done so.
We have legalized corporation licenses. We have provided
more control at the local level.
Feeling that, overall, these things represent a step forward,
Mr. Speaker, I vote "AYE'".
ISABEL BURGESS.
This is the fifth year I have endeavored, in this House, to
get some legislative reform into the liquor laws of this
state. In the Twenty-fourth Legislature, in desperation at no
other action, I put an amendment on a bill to double fees
across the board. This failed to pass twice by one vote.
In the Twenty-fifth Legislature this spring, some of us used
all parliamentary methods without our knowledge to bring
out a general liquor bill for floor debate. We wanted to
reform the quota law, to end leasing of licenses and to give
greater jurisdiction over licenses to municipalities and local
control and to allow non-users to testify, also to raise fees
so that the liquor department is self supporting.
These broad objectives are in this bill. Although the bill
lacks much which I would like such as-a board of control
written into the law and a cut-off date on liquor leasing on
December 31, 1961, still I feel that this bill is one step for­ward
toward the type of liquor legislation I have wanted
to see adopted for a number of years.
Therefore I vote "AYE".
GERRY ELIOT.
The only protest I have regarding the insufficiency of this
bill is to vote "NO".
Our whole course of action has been determined by an
individual's opinion which is no more valid than any Mem­ber's.
It is obvious to me that these opinions were used as a
buffer to ,prevent good liquor laws from being enacted.
Creating motel licenses is scandalous and out of the Gov­ernor's
Call. Giving a license to a lessee whose lease is ex­piring
is outside the Governor's Call.
Making the leasing of liquor licenses legal is unmoral
and unjustified. The sanction of multiple use of licenses
is truly outside the Governor's Call. The refusal to per­mit
the inclusion of a liquor control board under the pre.­text
it did not come within the Call is shameful and a
·sham. Placing a limit on the salary of the liquor superin­tendent
does not come under the Governor's request.
By placing a tax on the wholesaler of liquor is outside the
Governor's instructions.
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 49
Mr. Speaker, there are so many flagrant violations, in this
bill I cannot support it.
I vote "NO".
JAMES A. ELLIOTT.
When I came to this special session on liquor reform, I
pledged myself to the people of my district that I would
do everything in my power to stop this trafficking in liquor.
This can be done only by lifting the quota system and by
cutting off the leasing of licenses as of December 31, 1961.
We have done neither of these things.
There are also other areas of the bill that I certainly can­not
concur in.
I regret that I must vote "NO" on this bill.
RUTH PEICK.
House Bill 1 was signed in open session by Speaker Cook.
During roll call on the final passage of House Bill 1, a point of order
was raised and was decided as follows:
Mr. Brewer questioned the right of certain Members to vote, under
the provisions of House Rule 25, on House Bill 1 relating to alcoholic
beverages, and asked for a ruling from the Chair.
Mr. Speaker ruled that he did not feel it was, within his power to
deprive a Member of the House of his constitutional right to vote and
felt that the Member himself should determine this question. He ex­plained
that often lawmakers are called upon to vote on measures
in some way affecting them.
Mr. Brewer appealed from the decision of the Chair.
On roll call the decision of the Chair was sustained by the following ~= :
AYES: Austin, Barkley, Biles, Botzum, Brayton, Burson, Carreon,
Carson, Cook, Dalton, DeWitt, Dover, Elias, Elliott, Ellis, EJ.lsworth,
Eubank, Fridena, Gilbert, Glancy, Gray, Hathaway, Merle Hays,
Holmes, Hoopes, Hutcheson, Hutto, Jordan, King, Klauer, Koch, Lind­ner,
Lines, McClellan, Martin, Miller, Moody, George Peck, Ruth Peck,
Pugh, Riggs, Rowland, Ryan, Scudder, Shreeve, Smith, Stephens,
Stump, Thode, T'oscano, Van Dyke, Vipperman, Walker, Webster,
Ybarra, Speaker Cook-56.
NAYS: Brewer, Burgess, Eliot, Haugh, Hawkins, Priscilla Hays,
Higgins, Humphrey, Knoles, Kret, Larson, Porter, Reese, Rosenbaum,
Schellenberg, Traficanti, Varn, Wessler, Wood-19.
NOT VOTING: Berry, Crane, Holsclaw, Rhodes, Wilcox-5.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
stand at recess, subject to the call of the gavel. Carried at 7: 20 P.M.
At 7: 55 P.M., Speaker Cook called the House to order.
FIFTEENTH DAY
MONDAY, JULY 31, 1961
50 HOUSE JOURNAL-FIRST SPECIAL SESSION
Without objection, the House referred to the Order of Business:
BILLS AND OTHER BUSINESS FROM THE SENATE
A message from the Senate by Louise C. Brimhall, its secretary, was
read:
HOUSE BILL 1, passed on Final Passage, as per report of
the Free Joint Conference Committee, by a vote of 24 ayes,
2 nays, 2, not voting.
At 8: 00 P.M., the Sergeant at Arms announced a committee from the
Senate consisting of Senators Anderson, Bollinger and Kitchell, who
announced the Senate had completed its labors and was ready to
adjourn sine die.
Speaker Cook thanked the committee.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that a commit­tee
be appointed to notify the Senate that the House has completed
its labors and is ready to adjourn sine die, and to, meet with a like
committee from the Senate to wait upon the Governor to see if he
has any furthe,r message for the, Legislature. Carried, and Speaker
Cook appointed Members Hawkins, Rhodes and Brewer.
At 8: 08 P.M., the Sergeant at Arms announced the Senate of the State
of Arizona.
JOINT SESSION OF THE, SENATE AND 'HOUSE OF
REPRESENTATIVES OF THE, TWENTY-FIFTH
LEGISLATURE, FIRST SPECIAL SESSION
OF THE. STATE OF' ARIZONA
The Joint Session of the First Special Session of the Twenty-fifth
Legislature was called to order at 8: 09 P.M., by Senator Carpenter
of Gila County, President of the Senate.
A quorum of both Houses was present.
At 8: 10 P.M., the Joint Sine Die Adjournment Committee consisting
of Senators Anderson, Bollinger and Kitchell, Representatives Hawk­ins,
Rhodes and Brewer, returned escorting his Excellency, Paul J.
Fannin, Governor of Arizona.
The Governor addressed the House briefly.
At 8:24 P.M., the Governor was escorted from the House Chambers.
Without objection, at 8: 25 P.M., the Joint Session of the Legislature
was dissolved.
ATTEStr: LOUISE, C. BRIMHALL,
Secretary of the Senate.
RUBY H. SANDERS,
Chief Clerk of the House.
CLARENCE L. CARPENTER,
President of the Senate.
W. L. "TAY" COOK,
Speaker of the House.
FIFTEENTH DAY
MONDAY, JULY 31, 1961
HOUSE JOURNAL-FIRST SPECIAL SESSION 51
At 8: 26 P.M., Speaker Cook called the House to order.
Speaker Cook announced the approval of the minutes of the Journal
of Monday July 31, 1961.
Motion by Mr. Stephens, seconded by Mr. Ellsworth, that the House
do now adjourn sine die. Carried by unanimous vote, and at 8:27 P.M.,
Monday, July 31, 1961, the House of Representatives of the Twenty­fifth
Legislature, First Special Session, of the State of Arizona, so
adjourned.
ATTEST: RUBY H. SANDERS,
Chief Clerk O'f the House.
SUPPLEMENT
W. L. "TAY" COOK,
Speaker of the House.
The following communication was received from the Governor, Paul
Fannin, relative to his action on House and Senate Bills after the
adjournment sine die.
On August 7, 1961, the Governor approved the following:
HOUSE BILL 1, amending laws to regulate the issuance
and transfer of spirituous liquor licenses.
,,
INDEX & TABLES
INDEX AND TABLES
COMPOSED OF THE FOLLOWING
Journal
Page No.
PART I Bills enacted into law-------------------------------------------------------------- 57
PART II House bills ---------------------------------------------------------------------------------- 57
PART III Senate bills ----------------------------------------------------------------------- ________ 58
PART IV Senate memorials---------------------------------------------------------------------- 59
PART V General index ---------------------------------------------------------------------------- 60
INDEX TO HOUSE JOURNAL
PART I
HOUSE OF REPRESENTATIVES
BILLS ENACTED INTO LAW-1961
TWENTY-FIFTH LEGISLATURE, FIRST SPECIAL SESSION
57
Chap. Bill
No. No. Brief Title
E:ffective
Date
1 SB 1 amending laws to regulate the acquisition, use
and possession of narcotics 10/30/61
2 HB l amending laws to regulate the issuance and
transfer of spirituous liquor licenses 10/30/61
PART II
HISTORY OF HOUSE BILLS
Journal
Page No.
HOUSE BILL 1, by Members Stephens, Holmes, Hutto, Riggs,
Vipperman of Maricopa; Scudder of Coconino; Cook,
Webster of Pima; Smith of Pinal; Klauer of Yuma;
amending laws to regulate the issuance and transfer of
spirituous liquor licenses.
7-18 First Reading ...................................................................................... 11, 12
7-19 Second Reading, rules suspended................................................ 14
7-19 Committee of Whole-reported progress.................................... 14
7-20 Committee of Whole-reported progress.................................... 16
7-21 Committee of Whole-amended do pass ............................ 18, 20-22
7-21 To amend Committee of Whole recommendation, lost 31
ayes, 45 nays 4 not voting ........................................................ 22, 23
7-21 Other action........................................................................................ 20
7-21 Administration engrossed................................................................ 23
7-21 Third Reading, passed without enacting emergency 46
ayes, 32 nays, 2 not voting................................................ 23
7-28 Senate, passed amended 24 ayes, 4 nays .................................... 34-41
7-28 House refused to concur in Senate amendments, appointed
Free Conferees-Stephens, Cook (Pima), Webster,
Hutto, Smith................................................................................ 41
7-28 Senate appointed Free Conferees-Giss, Simms, Wine,
Corbett, Morrow........................................................................ 42
7-31 House adopted conference report, 51 ayes, 26 nays, 3
not voting .................................................................................... 44:..46
7-31 Senate adopted conference report................................................ 47
7-31 House Final Passage, 54 ayes, 24 nays 2 not voting................ 47
7-31 Senate Final Passage, 24 ayes, 2 nays, 2 not voting................ 50
8-7 Governor approved.......................................................................... 51
Chapter No. 2.
HOUSE BILL 2, co-sponsored by Members Stephens, Higgins of
Maricopa; amending laws to regulate the acquisition, use
and possession of narcotics.
7-18 First Reading .............................................. ,....................................... 12
7-19 Second ~eading, referred to Committees on Judiciary;
Public Health; State Government; County Affairs........ 14
Held in committees.
58 INDEX TO HOUSE JOURNAL
Journal
Page No.
HOUSE BILL 3, by Mr. Toscano of Maricopa; amending laws to
regulate the issuance and transfer of spirituous liquor
licenses.-
7-18 First Reading ............ ·-············--·---·--······----------------------------·-----···:_______ 12
7-19 Second Reading, referred to Committees on Judiciary;
Banking, Insurance and Corporations; County Affairs;
State Government .... ·-··--------·-·-·-------~--------·········-···--------:_________ 14
7-27 Banking, Insurance and Co:r,porations-returned for con-sideration
of the House.·-----------·---------------···-··········--------------··· 33
7-27 County Affairs-returned for consideration of the House-... 33
7-27 State Government--returned for consideration of the House 33
Held in committee.
HOUSE BILL 4, by Mr. Toscano of Maricopa; prescribing penal­ties
for illegal sale of narcotic drugs.
7 -18 First Reading_·-·····------······--------·····-----·----·--···---·------·--·-·--··------·------·--- 12
7-19 Second Reading, referred to Committees on Judiciary;
Public Health; County Affairs; State Government _ ... ___ 14
7-31 Public Health-returned for consideration of the House .. ·----· 44
7-31 County Affairs-returned for consideration of the House____ 43
7-31 State Government--returned for consideration of the House 43
7-31 Judiciary:
Majority-constitutional and proper form
Minority-unconstitutional and not in proper form ____ .___ 44
Held on House calendar.
HOUSE BILL 5, by Members Haugh, Hawkins, Holsclaw, Trafi­canti,
Varn, Wessler of Pima; Elliott, Gilbert of Cochise;
Knoles of Coconino; Barkley, Brewer, Burgess, Burson,
Eliot, Eubank, Priscilla Hays, Higgins, Humphrey, Koch,
Kret, Ruth Peck, Porter, Reese, Rhodes, Schellenberg, Wil­cox,
Wood, Van Dyke of Maricopa; Larson of Navajo;
Moody of Pinal; amending laws to regulate the issuance
and transfer of spirituous liquor licenses.
7-19 First Reading .... --------------------------------------······-------------------···--------------·· 13
7-20 Second Reading, rules suspended--